It’s a walk you’ve done countless times before. Still, without you realizing it, the floor might be uneven, slippery, or blocked by obstacles you wouldn’t normally expect, perhaps due to changing conditions and unknown changes. Then, in an instant, you lose your balance, falling and hurting yourself. If the accident arises from negligence or the actions of another person or company, you could sue them for damages and get rightful compensation. Keep reading to find out how. 

Are All Slips and Falls Personal Injury?

“Not all slips and falls fall under the purview of personal injury. Reaching out to a knowledgeable attorney can help narrow down your case and move forward with a course of action.” says personal injury lawyer Dennis Abrams of Lowenthal & Abrams Injury Lawyers. There are specific factors that any incident must satisfy for the victim to be eligible for damages. Here is what you should know.

• An injury must have occurred: If you fell, felt somewhat embarrassed, but felt fine, and nothing happened afterward, you won’t be eligible for damages, even if there was an element of negligence.
• Negligence must be present: If a child spills something at a store, the staff doesn’t notice, and someone immediately slips and gets hurt, the victim might not be eligible for damages. Under the concept of liability, there must be evidence of negligence by the property owners, which can include a history of unattended spills, staff creating the spill themselves, or situations where they should have reasonably known about the hazard, particularly if it has been left unmopped for an extended period before someone is injured.
• Causation must be clear: There must be a direct link between your accident and the hazard that caused it. In states like Pennsylvania, the doctrine of comparative negligence applies, which means your settlement is reduced according to your share of fault. However, if you share more than half the blame, the law bars you from suing the property owners.
• You must have a legal right to be on the property: If you hurt yourself due to a hazardous condition at a property, and it is found that you were trespassing, you can’t sue, even if there’s a clear element of negligence involved. The law dictates that victims must be invitees (customers, patrons, contractors, etc.) or licensees.

What Should You Do After a Slip and Fall?

Now that you know the factors that make slip-and-fall types of personal injury, here’s what you should do to increase the chances of winning your lawsuit.

• Check yourself for injuries: Your well-being comes first. The first thing you should do after a slip and fall is ascertain whether there’s any physical damage. Check your belongings; your phone, laptop, or any other property may have been impacted. Ensure you document all the damage.
• Document the scene: If your phone is intact, open your camera and capture detailed images of any visible injury, property damage, and the conditions at the moment of the incident. They will serve as crucial evidence later on.
• Report the incident: Let the owner of the property know that you’ve been hurt.
• Talk to any witnesses: Did anyone see it happen? Get the details of any witnesses at the scene. Inform them that you may come back for a statement or send a lawyer.
• Go to the doctor: Get to the doctor immediately, even if you don’t have any visible symptoms. Some injuries can take hours or a few days to start being apparent.
• Consider working with a lawyer: A personal injury lawyer can evaluate the situation and inform you of whether you have a claim based on the law. If so, they’ll help you collect evidence, negotiate with insurance companies, and calculate the damages you are entitled to, fighting for nothing less.

The Bottom Line

Slip and fall accidents are never straightforward, and you need to get into the nitty-gritty of everything to understand duty of care, breach of duty, causation, and damages to file a valid claim. Thus, what you do right after you sustain a personal injury is extremely important.