Slip and Fall Injury Tips

The following are tips on what to do following a slip and fall accident:

GET HELP: If you are involved in a slip and fall accident call 911 or ask a bystander for assistance immediately.

WITNESSES:  If a bystander helps pick you up off the ground following a serious slip and fall, get that person’s name, telephone number and address. The witness will be able to corroborate your story or version of events.  It is very important to be able to contact witnesses, if there were any.

MEDICAL ATTENTION:  If your injured you should go to the hospital or a doctor right away.  Keep a log of all of the doctors or health care professionals that you received treatment from.  The records from the doctor and health care professionals will provide important information about your injuries.

LOCATION OF YOUR FALL:  Where you fell and what caused you to fall is important.  In order to prove someone is liable for your fall, you need to be able prove that there was a hazardous situation that caused your fall, for example ice on the ground or an uneven sidewalk.  Photos of the accident location and the hazard which caused your fall are very important to your case.  Make sure that you take a picture of the scene of the accident or have someone go back as soon as possible after your fall to take photos of the accident location and any hazards that may have caused your fall.

INCIDENT REPORTS:  Report your slip and fall immediately to the property owner.  Do not wait too long to report your fall to the property owner, especially if there were no witnesses that saw your fall.  Some institutional property owners will generate an incident report for a slip and fall accident.  In some cases the property owner may make their incident report available to you upon request.  You should attempt to get a copy of an Incident Report, if available.

KEEP RECORDS: Keep of copies of any receipts, reports and medical documents you may receive.  For example, drug prescription receipts, physiotherapy payment receipts, and any other receipts for out of pocket expenses.  You will need these receipts in order to claim reimbursement.

YOUR FOOTWEAR: Do not throw away the shoes or boots you wore at the time of your fall.  The type of footwear you had at the time of the accident is extremely important. Failure to wear proper footwear can result in a reduction in compensation that you may be entitled to receive for your injuries.

CALL A LAWYER: Consult with a lawyer immediately to get advice about your legal rights. Depending on where you fell, there may critical limitation deadlines that you have to report your claim by or file a lawsuit by.  If you miss these critical limitation periods, you may be barred from pursuing a lawsuit for your injuries and you will be denied payment of any compensation.

INCOME REPLACEMENT INSURANCE: Sick Leave Employment Insurance, Short Term Disability and Long Term Disability, are options that may be available to you if you are injured and can’t work.  If you are eligible for any of these insurance options, you should contact them immediately after your accident to ensure you comply with their requirements to make a claim for income replacement benefits.

ACCIDENT INVESTIGATION: A slip and fall accident is normally investigated by an insurance adjuster who acts for the property owners insurance company.  The insurance adjuster will attempt to contact you and ask you questions about the accident.  Insurance adjusters will often ask that you give answers to their questions in the form of a written or audio recorded statement.  There is nothing wrong with the insurance adjuster wanting to know what happened to you, this is not unusual. However, it is important that you do not provide to the insurance adjuster any information that they may not be entitled to receive or that may be harmful to your case.  Therefore, it is important that you have a lawyer present when you give a statement to the insurance adjuster.

SURVEILLANCE: In serious slip and fall accidents, insurers will sometimes conduct surveillance of you or your social media web sites.  Insurers may try to use the surveillance to attack or undermine your credibility.  If you are involved in a serious personal injury accident it is important to keep in mind that your activities may be monitored.

DISCLAIMER: The contents of this article are information only and should not be construed as legal advice. Please contact us if you would like legal advice. We strongly recommend that you consult a lawyer before taking any actions that are referred to in this article.