Slip and Fall Accidents: The Essentials

In the United States, slip and fall accidents cause 2.2 million Americans to seek emergency room care annually according to National Floor Safety Institute.   A rising number of United States tort law cases directly stem from these types of accidents.   Unfortunately, for those truly injured the increase in slip and fall accident litigation has led to a boom in fraudulent cases invoking false claims of slip and fall accidents as well.   In fact, the National Floor Safety Institute estimated the costs associated with fraudulent slip and fall claims tabulate to more than $8 million dollars daily.   Having an experienced slip and fall attorney assisting the investigation and presentation of your injury claims is essential in acquiring the justice you deserve.   Without proper legal representation and research into the specifics of each individual slip and fall accident, many courts will dismiss cases as frivolous or ungrounded.   For true victims battling their slip and fall lawsuits, the results of a slip and fall accident are anything but frivolous or ungrounded.

Immediately Following a Slip or Fall Accident

Typically, a slip and fall case begins as soon as victims seek medical treatment for their injuries.   Although many persons may feel it medically unnecessary to receive medical treatment, this is vitally important for two reasons.   First, the injuries often associated with a slip or fall accident frequently involve head trauma and musculoskeletal trauma, especially in the vertebral area.   These injuries may or may not seem like a medical emergency at the immediate moment; however, as is especially true in the case of head trauma, the damages may only appear over the course of the next few hours or days.   Without medical evaluation, victims can be in serious medical jeopardy after a slip and fall accident and not even realize the extent of their injuries.   Only a professionally trained doctor or emergency technician can competently ascertain the extent of your immediate and potentially future injuries.    

The second reason for seeking medical attention after a slip and fall accident is the necessity of medical documentation for the victim to pursue any future tort action against any negligent parties.   A huge portion of building a case against negligent parties stems from the type, seriousness, and extent of the injuries a victim sustained during a slip and falls incident.   The courts will require this type of medical documentation to prove the veracity of all injury claims.   In addition, any follow-up procedures, rehabilitative procedures, or medical examinations pertinent to the slip and fall incident must be recorded diligently by victims and their doctors.   All this paperwork will become evidence in your slip and fall injury tort case.  

Preparing a Slip and Fall Case

In tort law, plaintiffs must present to the courts the fact a defendant entity was negligent or under strict liability in causing a plaintiff’s injuries.   Investigating and documenting the scene of the slip and fall accident is one of the first steps for lawyers pursuing a slip and fall case.   Even minute details, such as the surface slip resistance for walkers, are taken into account.   If necessary, investigators will implement unique tools, such a Variable Incidence Tribometer, to accurately and scientifically deduce the role friction on a surface, environmental conditions, and speed played in the cause of a slip and fall accident.   In addition to physical and scientific evidence, simple statements from witnesses will amply sustain plaintiff’s claims of negligence and liability.   Although in the rush of the medical attention after an incident is fast-paced, retaining a few names of witnesses is always highly advisable.   When witnesses prove hard to track, video camera surveillance, sworn statements from defendants, or even photographs of still hazardous environments are all useful in preparing a slip and fall case.   Sometimes, your personal slip and fall accident may have not been the first injury at a given site.   Lawyers will dedicate time to highlight any past negligent behavior that defendants have been found liable for in the past.   All the aforementioned pieces of information, as well as all medical documentation, prove highly persuasive during a court case.

Settling a Slip and Fall Case Inside or Outside of Courts

 As with any tort case, the slip and fall matters at hand can be settled outside of courts.   Lawyers and attorneys representing you during your slip and fall case will best be able to negotiate any terms during this phase of litigation.   Essential to any litigation is presenting the necessary evidence to prove a prima facie case against defendants.   When litigation outside of court fails, slip and fall lawyers will represent clients in the court of law.

Whether a slip or a fall, torts claims against a property owner must show there was negligence on behalf of the owner, which led to an injury.   Typically, property owners and their legal teams will seek to prove the negligence did not occur, or a negligent event was not the result of not exhibiting a reasonable level of care.   In other instances, defendant property owners will show the injured person was entirely at fault for their own injuries, whether occurring accidentally or fraudulently.   An experienced slip and fall attorney can work to disprove all defendants’ claims while emphasizing the types and aftermath of a victim’s injuries.    

Some of the items deemed recoupable damages in a slip and fall case include:

• Medical expenses
• Rehabilitative expenses
• Lost wages
• Lowered quality of life or lessened mobility
• Pain and suffering
• Personal property damage
• Legal representation expenses