Certain missteps after a slip and fall can harm your claim. Don’t wait to seek medical attention; even minor symptoms can indicate more serious injuries, and delays can be used against you. Report the accident immediately to the property owner or manager. Preserve the clothes and shoes you were wearing at the time. Do not wash, repair, or throw them away, as they may serve as evidence. Never sign paperwork or accept a settlement from the insurance company without consulting a lawyer; once you settle, the claim cannot be reopened.
A Los Angeles slip and fall lawyer at Salamati Law can guide you through the critical steps to take — and avoid — after an accident. We safeguard your rights throughout the claims process and negotiate with the insurance company to help you pursue the maximum compensation for your injuries. Read our case results here.
Do Not Admit Fault
At the accident scene, do not tell the property owner or manager that your fall was your fault, and never apologize. Even if you think you were partly at fault, under California’s pure comparative negligence doctrine, you can still receive compensation for your injuries. Such compensation is reduced by the percentage of fault as determined by a judge or jury.
Defendants in slip and fall cases, also known as premises liability claims, often allege that inappropriate footwear or cellphone distraction caused the fall. While that may have played a role in the incident, the property owner has an obligation to keep the premises in a safe condition for visitors.
Do Not Give a Recorded Statement to an Insurer Without Legal Counsel
Under the pretense of gathering information, insurers may attempt to elicit statements from the accident victim that shift blame or downplay their client’s responsibility. Never agree to provide a recorded statement without first consulting an attorney.
Do Not Sign Anything Without Legal Review
Never sign any insurance forms, waivers, or settlement agreements related to your accident without having them reviewed by your attorney. These documents may contain language that limits your rights or undermines your claim.
Do Not Post on Social Media
You may be inclined to post on social media when you’ve been hurt in an accident. Resist this impulse. Notify family and close friends via phone calls or text messages, not on Facebook, TikTok, Instagram, or any other site. Insurance companies scour social media to damage your claim. Posting something as innocent as “feeling better” can be used to undermine your claim.
Don’t Exaggerate or Minimize Your Injuries
Neither exaggerate nor minimize your injuries to a healthcare provider. Describe your levels of pain and any impairment truthfully.
Do not miss scheduled medical appointments and rehabilitation sessions; follow your prescribed treatment plan. Failure to do so will harm your claim, as the defendant’s lawyer could argue that this is evidence you were not as seriously hurt as alleged.
Do Not Throw Out, Repair or Launder Your Clothes
If your clothes were torn or otherwise damaged in your fall, resist the temptation to throw them away, repair or launder them. They are evidence in your claim. Preserve them by placing them in paper bags – do not use plastic.
As noted, footwear is often a significant point of contention in premises liability claims. If you can show that your shoes were not a trip hazard, it can bolster your claim.
Do Not Wait to Seek Legal Help
In California, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the accident. However, if the slip and fall occurred on government property, you must file a Notice of Claim within six months.
Critical evidence in a slip and fall case, such as surveillance footage, can be lost quickly, and eyewitness recollections may fade over time. Promptly consulting an attorney ensures that key evidence is preserved and witness statements are still reliable.
Schedule a Free Consultation with a Los Angeles Slip and Fall Attorney
If you suffered serious injuries from a slip and fall accident, contact an experienced Los Angeles slip and fall attorney at Salamati Law. Schedule a free, no-obligation consultation today. While most slip and fall cases are settled, we may take your case to trial if the insurer fails to agree to a reasonable settlement amount. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.
