Slip and fall accidents can happen almost anywhere. You might be walking across a freshly mopped floor in your office lobby or simply strolling on an icy sidewalk when your feet go out from under you, and you find yourself injured on the ground. When such incidents occur, you might be rattled, especially if you hit your head or suffer a serious injury like a broken bone. What are the top mistakes to avoid after a slip and fall accident?
Taking Responsibility for the Accident
In a polite society, we tend to apologize when something embarrassing happens. When you are injured in a slip and fall accident through no fault of your own, however, the last thing you should do is admit fault.
Whether you slipped on an icy sidewalk, in a poorly lit stairwell, or on a wet floor that was not marked as dangerous, there is a chance the incident is due to the negligence of others. In such cases, you may be entitled to compensation for medical bills, lost wages, and other out-of-pocket expenses in addition to non-economic damages. An admission of even partial fault on your part could give insurance providers reason to delay or deny your claim.
Failing to Seek Medical Help
One of the top mistakes to avoid after a slip and fall accident in New Hampshire is foregoing needed medical diagnosis and treatment. Proper medical care promotes recovery and serves as documentation that your injuries are related to the slip and fall incident. In any personal injury case, a compensation claim can involve economic and non-economic damages.
Economic damages relate to quantifiable expenses, such as medical bills and lost wages. If you fail to seek medical help immediately, insurers could claim that a later diagnosis is unrelated to the accident, making it difficult to claim economic damages. It could also impact a claim for non-economic damages like pain and suffering or loss of companionship.
Failing to Collect Evidence
Evidence of harm and wrongdoing provides the leverage you need to negotiate for a fair settlement. There are several types of evidence you could potentially collect to bolster your compensation claim. At the scene, you should gather contact information for the at-fault party or property owner/occupant, as well as witnesses, just as you would in a car accident.
Next, you should take photos and video of the area, especially to show what caused you to slip (e.g. ice, water, broken pavement, raised carpeting, or an uneven surface), as well as a lack of warning signs. Other evidence could include a police report of the incident and any on-site or witness photos or videos of the event. You should also collect medical records, medical billing, and lost wages to make your case for current and ongoing expenses and losses.
Failing to Report the Accident
Proper reporting is an important part of claiming compensation after a slip and fall accident. If you are at work at the time of the accident, you should file an incident report with your HR department. If you are at a local business, you should ask them if they will do an incident report to document your fall. Otherwise, you should contact the police to give a statement.
Officers on the scene may collect evidence and information for their report that can benefit your case, especially if they conclude that another party is at fault. You can request a copy of the police report in person at the station where the report was filed or in writing.
Accepting the First Settlement Offer – You’ll Do Better When You Take the Time to Negotiate
When medical bills start to arrive, you may be tempted to take the insurance company’s first offer just so you can start paying down medical debt. However, if you have ongoing expenses like physical therapy and missed work, the initial settlement might not cover your long-term costs. One of the top mistakes to avoid after a slip and fall accident in New Hampshire or Massachusetts is taking an insurer’s first low-ball offer. You should never sign documents or take a settlement without first consulting with an experienced attorney.
Sharing Your Experience on Social Media
It seems like people share the most intimate details of their lives on social media these days, but this is one of the top mistakes to avoid in New Hampshire and Massachusetts after a slip and fall accident. Your posts could be used by insurance companies and their lawyers to fight your claim, whether you inadvertently exaggerate details or post pictures of yourself having fun when you are supposed to be recovering.
Assuming You Do Not Need Legal Representation
You might not think you need legal services after a slip and fall, but going up against insurance companies on your own is one of the top mistakes to avoid after a slip and fall accident. An attorney who has proven results in cases like yours knows all the tricks insurance companies use to delay and deny claims. We can help you develop a sound strategy to negotiate for a fair settlement or take your case to court.
Fight for the Compensation that Can Make You Whole
A serious slip and fall injury can upend your life and have lasting consequences. If it occurred due to the negligence of others, your costs should be covered. A qualified attorney can provide the legal guidance, support, and representation you need as you recover and work to get your life back.
If you have been injured in a slip and fall accident because of the negligence of others, you should not have to pay for it. Contact Simmons and Ortlieb, PLLC today at (603) 929-9100 to schedule your free consultation and learn more.