Six Tips to Get Your Best Result

Slip and fall cases are the subject of many popular misconceptions. For example, many people think that if you slip in a store and injure yourself that it is an easy case to win. This is not the case, since many businesses and their insurance companies fight slip and fall cases to the very end. The simple fact that you fall and are hurt on someone else's property does not mean the property owner is legally responsible for it. So it is a misconception that "slip and fall cases are easy to settle." Of course, it is true that most personal injury cases, like slip and fall cases, do settle without a trial. However, slip and fall claims can be among the most difficult to settle for a fair amount.

In order to get the best settlement for your slip and fall claim, there are three elements to prove. These three elements are:

1. Liability: In order to prove that the property owner is legally responsible for your injuries, you must show that the owner knew about the dangerous condition that caused your fall. The plaintiff will also have to show that plaintiff's own carelessness did not cause the fall.
2. Injury: The nature and extent of the injury is the engine that drives the value of a slip and fall case. Proving injury can be a challenge, especially if it is soft tissue damage.
3. Causation. Lastly, there needs to be proof that the injuries were caused by the fall in question and not due to a preexisting condition.

1) Property Owner Knew of the Danger

Proving that a property owner is liable and legally responsible for your fall is rarely a simple matter. For starters, you must show that the fall is because of a dangerous condition on the property. Maybe some liquid leaked from product cans on a shelf onto the floor. Or perhaps a broken floor tile created a hazard. For the most part, it is not hard to prove that a dangerous condition was present, but that is not enough to prove that there was a danger. There are two other aspects a slip and fall lawyer needs to prove regarding the property owner, which are:

1. They knew of the condition of the area in question.
2. They had a reasonable opportunity to fix or warn about it before incident.

3 Ways to Prove Property Owner Had Notice of Danger

Proving that the property owner had notice of a danger can be a challenge, but there are ways to prove it. Here are three ways to get the proof you need.

1. Statements from others who saw the danger: If someone other than you saw the hazardous condition and knows how long it existed, that person can establish that the property owner was on notice of the danger. The lawyer needs to get written or recorded statements from these witnesses.
2. Surveillance video: It's increasingly common for businesses to have surveillance video of their property. So, if you fall outside, then start looking for surveillance cameras on nearby properties, too. On top of the incident in question, the video may show how long a dangerous condition was there before you fell. If you believe there may be surveillance video of your fall, request it immediately. Surveillance cameras often record on a continuous loop meaning if you do not request the video before it loops, then your fall will be recorded over and lost forever.
3. Information regarding prior falls: Businesses and their insurance companies keep records of falls and other incidents on the property. These records often take the form of written or electronic documents called "incident reports," which a slip and fall lawyer can look into.

2) Your Own Carelessness Wasn't to Blame

In nearly every slip and fall claim, the property owner will argue that the plaintiff was also negligent and careless. On top of that, your "comparative negligence" should reduce or eliminate the amount you can collect for your injuries. This sort of legal defense often gains traction in slip and fall cases, so it is best to avoid it if possible.

At some point after the fall, you can expect the insurance adjuster to ask you a question along the lines of, "Did you see what caused your fall before you fell?" When you hear this question, there are three answers to give. None of which will help your claim.

1. "No, I didn't see it" This is an admission that you were not watching where you were going before you fell. And the counter response is obvious, which is "had you been paying attention, you would have seen the danger and could have avoided it."
2. "Yes, I did see it." This answer admits that you saw the danger but took no action to avoid it. When you say this, you need to be ready to explain why. However, there is really no good explanation for it and you are probably going to end up with some of the blame for your fall.
3. "I don't remember whether I saw it or not." This might seem like a clever response, but chances are you are just prolonging the expected. Follow-up questions like, "can we agree that if you had seen it, you would have taken steps to avoid it? Because you fell, is it reasonable to conclude that you never saw it?"

Ultimately, your goal should be to deflect as much of the blame back to the property owner as you can throughout the process. For example, if you fell in a store then you can respond by saying you were looking at the shelves and not paying attention to the floors. This is exactly what the store owners wants you there for and therefore should not penalize you for shopping.

3) How to Prove Your Injuries

If your fall causes a broken bone or an open, bleeding wound, proving your injury will not be an issue. Oftentimes, though, your fall will leave you with soft tissue injuries, such as a sprain or a strain, or a back or neck injury that likely will not show up on an X-ray. If this is the case, then how do you prove your injuries in that case? There are two main ways of doing this, which are asking your doctor to document it and keeping a journal.

The number one option is to ask your doctor to document the injury. Make sure that your doctor documents your injury thoroughly and the symptoms you experienced in your medical records. Those records are likely to be your best source of proof should the insurance company try to deny or minimize what happened. When you are preparing to settle your claim, think about asking the doctor to write a letter explaining three key aspects:

1. The nature and extent of the injuries.
2. The pain and suffering, emotional distress, and other symptoms and limitations you have experienced.
3. Any medical care and treatment you received.

The second option is to keep a journal, which is a great way to document the injuries and the problems they have caused. Begin the journal with the day you were hurt, record how the fall happened, all of your symptoms, the medical care you received, and limits on your daily activities such as time off work or an inability to do household chores. Make sure to keep your diary entries factually accurate. Do not exaggerate or embellish your injuries, because if your claim does not settle and you end up in a lawsuit, then the other side is entitled to a copy of your journal if you rely on it during your case.

4) Proving the "Causal Link"

On top of proving your injuries, you must also prove that this incident is the cause and not some sort of pre-existing condition. If you do not have a history of injuries to the same part of your body hurt in the fall, then causation should not be a problem. However, what if you have a history of pre-existing back problems? Or have hurt your back in the past? And now your back is hurt again?

As with proof of your new injury, you will need to rely on your doctor to establish the causal link between the injury and your fall. You must ask your doctor about it during a scheduled visit leading up to the suit. Explain that you have a claim and how it would help to resolve the claim if the doctor wrote a letter describing what injuries are attributable to the fall.

5) Be Realistic. Do Not Exaggerate. Do Not Get Greedy

If you try to exaggerate your injuries or get greedy and ask for far more than what your claim is worth, there is a good chance it will work against you. So it is important to be realistic about the value of your claim. Barring truly catastrophic injuries, your slip and fall is not worth millions. Coming to settlement negotiations with an outlandish demand simply exposes you as an amateur who is out of their league. Similarly, there is no point trying to exaggerate your injuries or limitations. Your medical records will provide ample details about how you were hurt. When you go overboard with your symptoms or limitations, you only lose credibility.

6) Hire a Good Personal Injury Lawyer (Like Falk & Klebanoff!)

You can potentially resolve your slip and fall case on your own without a personal injury lawyer. However, having a good personal injury lawyer on your side ensures that everything that can go your way will. On top of that, the insurance adjuster will likely take your claim more seriously when you have legal counsel. Without representation, you are an easy mark for the insurance company, as you likely have no experience in this field. Adjusters know all the tricks in the book and they will not hesitate to use them against you. But with a personal injury lawyer on your side, you have someone who also knows these tricks.

So, if you are looking to hire a personal injury lawyer for a slip and fall incident, then please reach out to us today.

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While it might take a bit longer to settle your case with a personal injury lawyer, having said lawyer probably means more money in your pocket at the end of the day. When you reach out, we can provide you with more information. And we can provide you with a no-obligation consultation.