Most people are unsure of what to do after a slip and fall injury. Their uncertainty often causes them to make a variety of mistakes that could hurt their ability to pursue compensation.
Below, Greg Monforton and Partners has compiled a list of the common mistakes to avoid after a slip and fall accident in Windsor, Ontario.
If you have been injured after slipping and falling on someone else’s property, our Windsor slip and fall lawyers may be able to assist you. An initial consultation is free, and if we find you may have a case and you choose to hire our firm, there are no upfront costs to pay.
Millions Recovered. Call today to learn more: (866) 320-4770.
Immediately Getting Up
Many people get up as quickly as they can after falling, either because they are embarrassed or because they want to assess their injuries. However, getting up too quickly could make your injuries worse.
You might not realize the severity of your injuries right away. Adrenaline can sometimes cover up the symptoms of an injury in the minutes and hours after it happens.
It is often best to simply sit up and have someone else go get help. Check yourself for injuries before attempting to move too much.
If you can get up, have bystanders/witnesses help you to avoid another fall while trying to stand.
Admitting Fault for the Incident
Many people apologize after an accident or say it was their fault. For example, a victim might say he or she should have been more careful.
It is critical that you avoid admitting fault for your injuries. Keep this in mind whether you are talking to bystanders, witnesses, the owner/manager of the store or the liable insurance company. Offhand comments or clear admissions of fault could be used against you to deny your claim or at least reduce its value.
It is best to avoid saying too much about the incident at all, unless you are talking to your lawyer.
Not Reporting the Incident
One of the most important things to do after a slip and fall is to report the incident to the store owner or a manager. The manager/store owner should document the incident, which helps create an official record of what happened.
If you do not report the incident, it may be harder to prove it happened. It will also be more challenging to link your injuries to the accident.
Ask the manager or store owner to complete an official report and ask for a copy. Review the report to make sure the details are correct, including the time, date and where the accident happened. Be sure to also write down the basic details of how the incident occurred. After verifying all the information is correct, be sure to date and sign the report.
Not Documenting the Scene
Failing to collect evidence after a slip and fall accident could make it more difficult to validate your claim. After you leave, the scene will most likely be cleaned up or altered.
That said, your physical health is the most important thing after an accident. If you were so severely injured you could not gather evidence, you should contact a lawyer as soon as possible so he or she can document the scene.
If you can gather evidence, focus on the following:
- Pictures of where you fell and any obstacles that contributed to the fall
- Names and contact information of any witnesses
- Description of what happened (slippery surface that caused the fall, uneven flooring, bad lighting, etc.)
Waiting To Seek Medical Care
Waiting to seek medical care is one of the cardinal mistakes after a personal injury. Victims should be cautious and seek medical care right away, even if they think their injuries are minor. If you wait to go to the doctor, any injuries you do have could worsen. This delay puts your health at risk and it may also lengthen your recovery.
The other problem with not seeking treatment right away is that it also affects your claim. Your lawyer may have a harder time connecting the injury to the accident.
That said, you should still contact a lawyer even if you delayed medical care. If you think you have a case, an experienced lawyer may still be able to prove it.
You also need to stick to your treatment plan. That means going to appointments, abiding by your doctor’s restrictions to physical activity and keeping records of your treatment.
Saying Too Much to the Insurance Company
The liable insurance company might contact you after a slip and fall. They may ask you for information about what happened or even offer a settlement. They might also ask you to provide a recorded statement to “speed up the legal process” or “provide compensation as quickly as possible.”
It is important to remember that the insurance company is looking out for its own interests, not yours. They know how to trick accident victims into saying something that hurts their cases. They also know how to persuade victims to accept a low settlement offer.
It is important to avoid saying too much to the insurance company. You do not need to provide a recorded statement right away. In doing so, you could accidentally say something that hurts your claim.
One of the benefits of hiring a lawyer is that he or she can deal with the insurance company on your behalf. You do not need to worry about what to say or what not to say. Your lawyer can manage these communications while you focus on your medical care.
Waiting To Contact a Lawyer
Many injured victims do not know for sure if they have a case. They may also be unsure how a lawyer may be able to help or how much it may cost to hire a lawyer.
However, hiring a lawyer could greatly benefit your case. He or she can deal with each step of the legal process while you focus on medical treatment. You do not need to worry about what mistakes to avoid or what not to say to the insurance company. You also do not need to worry about costs since injury claims are on contingency. This means, you do not pay anything up front.
All that said, it is critical that you hire a lawyer right away. If you wait, it could make it harder for a lawyer to build a solid case.
Call Greg Monforton and Partners Today To Discuss Legal Options
If you were injured in a slip, trip or fall accident in Windsor, remember that the steps you take immediately after the incident can help or hurt your legal claim.
One of the most important steps you can take is to call an experienced lawyer who can manage the case on your behalf. This way you avoid mistakes that may make it harder to prove your claim or the value of your damages.
Contact us today to learn more about how we can assist you: (866) 320-4770.