(235+)Slip-and-fall accidents are among the most common causes of preventable injuries in the Philadelphia region. Many slip-and-falls occur when the victim is on someone else’s property, such as while shopping at a store or visiting a government building open to the public. If it turns out the slip-and-fall was the result of the property owner’s negligence, they can be held financially responsible for the victim’s slip-and-fall injuries under Pennsylvania premises liability law.
Building a strong slip-and-fall case, however, is not as simple as you might think. Property owners–and their insurance companies–are often quick to try and deflect responsibility for a serious accident. They often claim they were unaware of the hazard that caused the victim’s fall. Or they may simply try to shift blame onto the victim, claiming it was their recklessness that led to their injuries.
So you need to be prepared if you plan to seek compensation for your injuries. One important step you can take is working with an experienced Philadelphia slip and fall accident lawyer who can assist you in building your case. But there are other steps you can take to improve your chances of obtaining a favorable settlement or, if necessary, trial verdict for your slip-and-fall claim. Here are just five examples:
- Always Seek Medical Treatment
Perhaps the number-one mistake that Philadelphia slip-and-fall accident victims make is not seeking immediate medical treatment following the incident. To some extent, this is just human nature. After a sudden traumatic event like a fall, many people’s first instinct is to say, “I’m fine” and walk away. But this is dangerous from both a medical and legal standpoint.
The reality is that many slip-and-fall injuries are not immediately apparent. While a broken bone is generally difficult to ignore, if you suffered an internal injury such as a concussion (i.e., a mild traumatic brain injury), you may not notice anything is wrong until after you have left the area and returned home several hours later. Any delay in seeking treatment may cause your injury to progress and deepen, potentially putting your life in danger.
From a legal standpoint, any delay in seeking medical treatment following a slip-and-fall accident may be used against you later by the property owner or their insurance company. For example, say you did suffer a serious internal injury and you waited a week to get it checked out. The insurance company could argue that your injury was the result of something else that happened during that week.
On that note, the earlier you start medical treatment, the easier it will be to present a compelling “paper trail” of your post-accident healthcare should you need to seek compensation.
- Report the Slip-and-Fall Accident to the Property Owner
When it comes to a slip-and-fall accident, you do not want to remain silent. This is not a criminal investigation. You should not hesitate to immediately inform the property owner or manager of what has just happened. For example, if you slip and fall at a supermarket, ask to speak with a manager immediately and file a report.
Most retail stores and commercial properties have procedures in place for receiving accident reports. They may even have a special form you can fill out. You should do so without hesitation.
Even if the store does not have a form or procedure in place, provide your own written account of what happened, making note of the date, time, and place. Again, it’s all about creating a paper trail you can refer back to later.
- Gathering Evidence at the Accident Scene
Seeking medical treatment must always take priority following a slip-and-fall accident. But if you, or someone who was with you at the time, can do so, it is a good idea to gather as much information at the scene of your fall. This can provide potentially critical evidence should you need to file a claim later. If you are unable to do so right away, you should try to return to the scene later.
Here are just a few examples of evidence you should collect:
- pictures of where the slip-and-fall accident happened;
- pictures of your injuries;
- the names, contact information, and statements of any eyewitnesses who saw what happened;
- if the accident occurred outside or involved inclement conditions, a copy of the local weather report for that date and time.
- Keep Records of Your Out-of-Pocket Losses
Even if you can prove the property owner’s negligence caused your slip-and-fall accident, that is only half the battle. The other half is proving the financial losses–damages–that you suffered as a result. It is therefore important to keep records of any expenses or out-of-pocket losses connected to your slip-and-fall accident, including but not limited to:
- your medical bills, including any amounts paid by your health insurance company;
- records of any wages you missed out on because you could not return to work following your accidents;
- additional rehabilitation expenses, such as receipts for any medications or medical assistance devices you require;
- the transportation costs of traveling to and from your medical or rehabilitation appointments;
- receipts for additional expenses incurred if you are unable to perform your normal daily activities, such as cleaning your house or cooking meals.
- Understand that the Clock Is Ticking
Pennsylvania law imposes a two-year deadline to file a personal injury lawsuit following a slip-and-fall accident. On paper, two years sounds like more than enough time. But keep in mind, that it may take several months for you to properly document all of your injuries and losses, as well as investigate the property owner’s potential negligence. You also need to factor in the time that will likely be spent negotiating a possible settlement with the owner and their insurance company. The two-year clock does not “stop” while you do any of this, and it is easy to let the time slip away from you.
One way you can make sure things are handled on time and in a professional manner is to reach out to a qualified Philadelphia slip-and-fall attorney as soon as possible following your accident. Contact Gibbons & Crichton, Personal Injury & Accident Lawyers, today to schedule a free consultation.
