How to Start A Slip and Fall Injury ClaimAdmin2021-07-28T05:50:49+00:00
How to Start A Slip and Fall Injury Claim
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While we hope that you never have to experience a slip and fall accident in LA, it can still happen when you least expect it and result in significant changes in your daily life. Unfortunately, slip and fall accidents account for 12% of all-related ER visits. If not for immediate medical assistance, most certainly for the undiagnosed symptoms that developed over time. After an accident, it is worth hiring a personal injury attorney in Los Angeles. When you retain a legal professional, you are preserving and protecting your rights from getting taken advantage of. In this article, we list a few tips to help you get started.
Common Causes of Slip and Fall Accidents
Before putting together your case, you may frequently hear stories from other victims or witnesses regarding a moment when someone tripped or lost balance. The most common reasons behind sip and fall accidents are unsafe conditions that can abruptly impact how you get around, such as:
Stray cords and electrical wires
Waxed or mopped surfaces
Defective roads and sidewalks
Slip and falls affect all age groups. Unfortunately, individuals older than 55 years are more susceptible to getting hurt. This may be a typical accident but can lead to severe injuries. In most cases the fall could have been prevented if the negligent person(s) involved maintained safe conditions.
Reporting the Accident to The Owner
If you tripped and fell, you should report the accident immediately to the owner or a site manager that can connect you to the owner of the premises. On commercial property, the incident would be reported to by the highest-ranking employee on site. For context, we briefly explain four types of properties you may encounter or have to identify in your claim.
Commercial Property: refers to buildings that house other businesses, or land used to generate profit (like a rental property).
Non-Commercial Property: refers to properties that are domestic (ex. Home) with residential use.
Public Property: refers to any property designated and belonging to the general-public. It can be used by anyone.
Government Property: refers to both public and private properties. Not all are accessible to citizens or intended for public use.
When you get hurt on public property, the way you report the accident is slightly different. Sometimes the injury may not be severe enough for emergency care, though it is recommended that you do so. If not, a claim can be submitted to the city or town on the same day.
It is important to keep in mind that timing matters in a slip in fall case. From the moment you noticed the injury, you must report it immediately. If you want to pursue legal action, and there was any hesitancy on your end-it cripples your chances of getting compensated. Other factors that act against your case is not having evidence, witnesses, or an official report. Insurers and juries will not only dismiss your case, but have a hard time believing your accident. If you were unable to report it on the same day, you may be able to send a notification letter.
Retain Information from Witnesses
More times than not, there will be at least a few witnesses that can attest that you did trip and fall on the premises. When you get a chance after briefly checking yourself for minor injuries, try to retrieve their names and contact information. Alongside a Los Angeles slip and fall lawyer, witnesses will be a critical component of your case’s success.
Take Detailed Photographic Evidence
Fault for an accident can be determined from the smallest piece of evidence: a photo. Out of the entire process, taking photographic evidence is the most important, immediately after you tripped to determine cause. In this type of personal injury case physical evidence is hard to preserve like a cracked stair, waxy floor, or poorly kept sidewalk. This is a great alternative.
Try to take pictures as soon as possible. If you can move around without straining your body, take pictures of:
The injuries you sustained.
Scene of the accident.
Specific location where the trip or slip took place.
The building, sign, or official indicator of where you were.
If you don’t have a cell phone, try asking an accompanying friend or relative to take pictures. If not them, bystanders nearby. The purpose of doing this is to document the condition, in which you were exposed to danger before the scene is cleared and fixed. Without proper evidence it can seem impossible to aggressively negotiate for damages caused.
Get Medical Treatment
Whether you slipped on public or private property, emergency responders should always be called to the scene. While it is strongly encouraged to get assessed at the location where you got hurt, if you are accompanied by another person, you can also get driven to the hospital. If you feel fine, let a medical professional provide you with an official report to use. Opting to go home instead, cuts your chances of winning in half, as not seeking medical care immediately insinuates you did not get injured at all.
Throughout this process, a lawyer for slip and fall disputes in LA is the only professional putting your needs first. Insurance companies are only looking out for their best interests, and often do not provide financial assistance when the medical record does not match the claim.
Example: In a lawsuit claim, the plaintiff reported feeling a stiff pain on the back of her neck after slipping on a freshly waxed floor in a retail store. When she went to the emergency room 40 minutes later, the emergency room records state the doctor was told that the neck pain was aching for weeks.
Even if it had gotten worse with the recent fall, it presents an inconsistency in the report. It doesn’t diminish all chances for a successful case, but it can make it more challenging for an accident lawyer in Los Angeles to move forward with ease.
Fill Out an Accident Report
On commercial properties, you may be asked to fill out and sign an accident report. You do not have to make the decision immediately, nor do you need to sign. There is no harm in providing them with a report but ensure that the event that took place was reported accurately if you do.
Do Not Give an Insurer A Recorded Statement
The last tip is to avoid giving an insurer information without the help of a lawyer for slip and fall injury claims. After the accident, you might receive a call or visit from an insurance adjuster. When you retain legal assistance, you can direct the insurer to him or her. You don’t have to provide a recorded statement to describe the accident and your injuries. While it can seem helpful in the moment, it will not help you in the long run. Anything you say will be used against you to limit your chances at reaching a fair, reasonable settlement.
About Grey Law
“When it comes to getting you more, I won’t settle for less.” – David Grey
When you or a loved one are injured due to negligence, carelessness, or wrongful acts of another person, David Grey is ready to help. Seeking compensation or negotiating with insurance companies can be stressful, especially while recovering. Let us do that for you. Our Los Angeles personal injury lawyers are well-versed in several practice areas:
Why do you need a lawyer for accident compensation? With thousands of lawyers in California, we understand it can be difficult to choose the right legal representation. We have 35+ years of experience and secured millions for our clients. From the time you retain our firm, we build your case. For a free case evaluation and consultation, reach out to us at 323-768-0497 or email email@example.com.
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