What to Do If You’ve Been Injured In a Slip / Trip and Fall Accident
With any injury, your first priority is to seek immediate medical care if it’s an emergency. If you have a head injury or suspect internal bleeding, call an ambulance.
If your injuries don’t require urgent attention, take photos of the area where you fell. Be sure to include any conditions that contributed to your slip.
Report your fall to the management or property owner right away. This prevents anyone else from being injured by dangerous conditions. It also can provide valuable documentation to support your claim.
Continue treatment for as long as your medical provider recommends. Even if you don’t feel seriously injured initially, it’s important to make sure you are properly diagnosed.
Contact a personal injury lawyer right away. You’ll want their help filing a personal injury claim to recover the financial losses related to your injuries.
Types of Compensation from Slip and Fall Claim
- Medical Bills
- Lost Wages
- Potential Future Impairment
- Transportation to/from Doctor’s Appointments
- Other Expenses Due to Your Injury
Let us walk you through your next steps in filing a personal injury claim. Consultations are free!
Common Causes of Slip and Fall Accidents
Not all slip and fall incidents are attributed to the property owner’s negligence – but many are. At least half are caused by walkway conditions, and many other hazards can cause harm. If a property owner fails to take reasonable care to protect others, they may be held liable.
Common Causes of Slip/Trip and Fall Accidents
- Unexpected wet floors (due to spills, cleaning, etc)
- Weather conditions (improper treatment of snow, ice, etc)
- Poorly maintained property (uneven surfaces, dripping pipes, potholes, etc)
- Dangerous stairs (lacking rails, uneven, etc.)
- Clutter (debris left in a store aisle, etc.)
- Lack of hazard identification (no signage warning of any of the above)
If you’re injured and need to know the best course of action, give us a call! We’re happy to walk you through the details of your specific incident.
How Comparative Liability Affects Your Slip and Fall Claim
If you’ve been injured in a slip and fall, there’s a chance that you are considered at least partially responsible. Comparative or contributory negligence refers to your duty to exercise reasonable care for your own safety.
If you were injured in Kentucky, it’s a pure comparative fault state. The value of your claim depends on the extent that you were responsible for your fall. If you were 10% at fault and the settlement is $10,000, your settlement will be $9,000. If you’re 60% at fault, your settlement will be $4,000.
Examples of Comparative Liability Factors
- Wearing inappropriate footwear for the conditions (like high heels in a snowstorm)
- Accessing a part of the premises that’s off limits to customers/visitors
- Staring at your phone / other forms of inattention while walking
- Ignoring obvious indications of dangerous conditions like signage, safety cones, etc.
If you were injured in Indiana, you can only recover damages if your liability is less than half the liability of the property owner. If you were 20% at fault and the settlement is $10,000, your settlement will be $8,000. If you were more than 50% at fault, you will not receive a settlement.
If that sounds overwhelming, don’t worry – you don’t have to navigate this on your own. Your best bet is to work with a seasoned slip and fall attorney who can advocate for you.
Slip and Fall Accidents at Private Homes
A spill in the grocery store. A patch of ice that the restaurant should have cleared. Most of us feel pretty comfortable holding a business owner responsible for the damages caused by their negligence.
But what if you’ve been injured in somebody’s home?
If you cringe at the thought of a lawsuit against someone you know, bear in mind:
- Most slip and fall cases are settled outside of court. Your attorney negotiates directly with the homeowner’s insurance company.
- That’s what home insurance is for. It’s to cover the cost of an incident occurring in that home. And if you’re suffering from serious injuries, those costs can be considerable.
We’re happy to talk you through how a personal injury claim against a homeowner would proceed. And we’ll never pressure you to take action that you don’t want to take.
Get a Slip and Fall Injury Attorney You Can Trust
Emery Law Office has been fighting on behalf of slip, trip and fall victims for years. Contact us for a FREE initial consultation.