Sometimes, seemingly minor missteps can significantly undermine a slip and fall claim. Once the negligent property owner’s insurance carrier is notified of an alleged injury, it will actively seek to limit or deny liability. Insurance companies are profit-driven entities, and their claims-handling practices are designed to minimize payouts whenever possible.
A skilled Los Angeles slip and fall attorney at Salamati Law is prepared to negotiate aggressively with the insurance company to protect your rights and maximize your recovery. Below are 10 of the most common mistakes slip and fall victims make, each of which can jeopardize a valid claim.
1. Not Seeking Prompt Medical Attention
Perhaps the biggest mistake a slip and fall victim can make is not immediately seeking medical treatment. Even if you do not initially think you were badly injured, go to an urgent care facility for an examination. Some serious injuries, like concussions, have delayed onset symptoms. If there is no record of your seeking a medical evaluation after the slip and fall, the defendant’s insurance company may allege that another event caused your injury or that it is a pre-existing condition.
2. Waiting to Report the Slip and Fall Accident
Do not wait to notify the property owner or manager of the accident. In commercial settings, such as stores or office buildings, report the incident to on-site management. They may provide a form for you to complete; if so, submit the form and keep a copy for your records. Delays in reporting the incident may give the insurance company grounds to dispute whether your injuries were caused by the accident or occurred at a later time under different circumstances.
3. Not Documenting the Scene
A successful personal injury claim relies heavily on clear and persuasive evidence. Photographs, videos, and eyewitness accounts of the accident scene and resulting injuries play a critical role in establishing liability and damages. If you are unable to document the scene, a companion or witness can do so on your behalf.
4. Posting on Social Media
Do not post on social media. Avoid sharing any details about the accident or your medical condition. Insurance companies actively monitor online activity and may use even casual or benign statements to challenge the severity of your injuries. For example, a simple response such as “feeling better” can be misrepresented to suggest that your condition was not serious, potentially undermining your claim.
5. Admitting Fault
Never admit to being at fault for the slip and fall, even if you think you were partly responsible. Determining liability is a complex legal process that should be left to the professionals, and any admission, even informal, can be used against you by the insurance company to limit or deny your claim.
6. Do Not Discard or Clean Footwear and Clothing Worn at the Scene
Your footwear and clothing are now evidence. Your first reaction may be to clean them, or if they are damaged, discard them. By cleaning them, you could destroy evidence. Examples include grease or wax on the building’s floors that contributed to the slip and fall. Place the items in clean paper bags, not plastic.
7. Not Following Your Treatment Plan
You must follow your doctor’s instructions to the letter. Not following your treatment plan, missing appointments, or engaging in activities that your doctor restricted provides the insurance company with a good argument that your injuries are less severe than alleged. Consistent medical care is a critical part of the slip and fall claim process, as it helps establish the extent and legitimacy of your injuries.
8. Not Considering Future Damages
Current medical expenses after a slip and fall can be substantial, but many victims overlook the potential for future accident-related treatment when evaluating a settlement. Insurance companies often exploit this by offering quick settlements that may appear generous but fail to account for long-term medical needs. What initially seems like a fair offer may ultimately fall far short of covering the full scope of ongoing care and recovery.
9. Not Obtaining Legal Counsel
After notifying the property owner or manager of your slip and fall, you may be contacted by their insurance company. It is important to remember that the insurer’s goal is to minimize payouts, and any interaction may be used to shift blame or reduce the value of your claim.
Although a quick settlement may be offered, accepting it without legal counsel puts you at risk of receiving far less than you are entitled to, particularly if it fails to account for future medical treatment, lost income, or other long-term damages. A Los Angeles slip and fall attorney can accurately assess the value of your claim, protect your rights, and handle all negotiations, allowing you to focus on your recovery.
10. Waiting Too Long to File a Claim
In California, the statute of limitations for filing a personal injury claim is generally two years from the date of the accident. If the slip and fall occurred on public property, however, a formal claim must typically be filed within six months. Failing to meet these deadlines may limit your ability to pursue compensation.
Contact a Los Angeles Slip and Fall Lawyer
If you were injured in a slip and fall due to property owner negligence, schedule a free, no-obligation consultation with an experienced Los Angeles slip and fall attorney at Salamati Law today. We fight to maximize your settlement so you can receive the compensation you deserve for your losses and damages. Because we work on a contingency basis, you pay no fee unless you receive compensation.
