A slip and fall accident can result in devastating injuries that have a long-term or permanent impact on your life and livelihood. If you were hurt due to someone else’s negligence, you may be entitled to file a slip and fall claim to recover your damages. However, there are certain steps that must be taken in order to hold the careless party accountable for failing to maintain a safe premises.

Here are five crucial things to know if you are considering filing a slip and fall claim:

1. You Should Seek Medical Attention Immediately

Whether you think you will be filing a slip and fall claim or not, it is crucial to seek medical attention immediately. Even if your injuries seem minor, some serious injuries may not appear until weeks or even months later. By getting the medical help you need, your doctor can rule out any internal damage and prescribe a course of treatment to help ensure the healing process.

Seeking prompt medical attention is also vital to document your case — be sure to keep track of the providers you have seen, the treatments that have been rendered, and the expenses you have incurred. In addition to documenting your pain and suffering, your medical records can also be critical to establishing your economic damages.

2. You Should Report the Accident

It is important to file an accident report to help preserve your slip and fall claim. In the event your accident happened on the premises of a business, notify management or a supervisor. This creates a formal record of the incident.

3. You Will Need to Collect Evidence

Collecting and preserving evidence is imperative to building any slip and fall claim and it is best to begin documenting your case as early as possible. If you are able, get the names and contact information for any witnesses who saw the incident as it happened. You should also try to take photos or video at the scene of the accident. A personal injury attorney will be able to assist you with collecting any other evidence you will need to support your claim.

Evidence in a slip and fall claim can include the following:

• Photos of the hazard that caused the accident
• Surveillance footage of the accident
• Photos of your injury
• Medical records and bills
• Communications that show the owner knew about the hazard
• Previous incident reports
• Maintenance logs

If the slip and fall had to do with weather, it can also be useful to obtain weather reports published on the day of the accident.

4. Understand the Standard for Liability

A property owner is not always liable for a slip and fall that occurs on their premises. There are certain criteria that must be met. In order to be held responsible for your damages, they must have known — or should have known — about the hazard and failed to timely remedy or warn about it. For example, if a supermarket employee mops the floor but fails to place a “wet floor” warning sign, a person who slips and falls as a result may have a viable claim. Slip and fall claims can also arise in connection with a property owner’s failure to clear snow or ice in a timely manner or replace worn floor mats.

5. Know that the Insurance Adjusters Do Not Have Your Best Interests in Mind

You may be contacted by the property owner’s insurance company shortly after your slip and fall accident. However, it is essential to understand that the insurance adjusters do not have your best interests in mind. They will attempt to devalue or deny your claim — and they will use anything you say against you. Keep your conversations with any insurance adjusters brief and do not say anything that could be misconstrued as an admission of fault.

Importantly, when you are represented by counsel, the insurance adjusters are no longer permitted to speak with you directly without the consent of your attorney. They will communicate with your attorney, who can ensure that your best interests are protected. If the insurance company will not settle for a fair amount of compensation, your attorney will know when to file a slip and fall claim in court to maximize your monetary recovery.

Contact an Experienced Washington Personal Injury Attorney

If you were hurt in a slip and fall accident caused by someone else’s negligence, a knowledgeable personal injury attorney can guide you through the legal process of filing a slip and fall claim. The Bellingham personal injury attorneys at Robinson & Kole provide trusted representation to accident victims throughout Washington State for a wide variety of premises liability matters. We are committed to providing personalized time and attention in each case as we work toward obtaining the maximum monetary recovery available under the law.

We welcome you to contact us for a free consultation by calling 360-671-8112 or by using our online contact form. Se habla Español.