A fall can happen in seconds, but the consequences can last for months or even years. A wet floor in a store, an uneven sidewalk, a poorly maintained parking lot, broken stairs, ice, or another dangerous condition can cause serious injuries – including broken bones, head injuries, back and neck injuries, and other conditions that may require extensive medical treatment.
If you have been injured in a slip and fall or trip and fall accident in New York, what you do immediately afterward can make a significant difference. Taking the right steps can help protect your health, preserve important evidence, and protect your ability to pursue compensation if someone else’s negligence caused your injuries.
1. Seek Medical Attention
Your health should always come first after a fall.
Even if you initially believe your injuries are minor, it is important to get evaluated by a medical professional. Some injuries do not become apparent immediately. Symptoms of a concussion, soft-tissue injury, fracture, or other serious condition may develop hours or even days after an accident.
Following up with a doctor also creates a medical record connecting your injuries to the fall. Be sure to tell your healthcare provider how the accident happened, where you were injured, and what symptoms you are experiencing.
Do not ignore pain simply because you are able to walk away from the accident. Getting prompt medical attention can protect both your health and your potential personal injury claim.
2. Report the Accident
After a fall, report what happened to the appropriate person as soon as possible.
If you fell at a store, restaurant, hotel, apartment complex, or other business, notify the manager or another person in charge. If you fell at work, report the accident to your supervisor. If the fall occurred on public property, determine which government agency or municipality should receive the report.
Ask whether an incident or accident report will be completed and request a copy if one is available.
When reporting the accident, stick to the facts. Explain what happened without guessing about who was at fault or making statements about how serious your injuries are. You may not yet know the full extent of your injuries, and statements made immediately after an accident can sometimes be used against you later.
3. Photograph the Scene
Evidence can disappear quickly after a fall.
A dangerous condition may be cleaned, repaired, covered, or otherwise changed shortly after the accident. That makes photographs of the scene particularly important.
If you are physically able to do so, take pictures of:
- The exact location where you fell
- The condition that caused or contributed to the fall
- Wet or slippery surfaces
- Uneven pavement or flooring
- Cracks, holes, or broken surfaces
- Damaged or missing stairs or handrails
- Ice or snow
- Poor lighting
- Any warning signs – or the absence of warning signs
- Your visible injuries
- Your clothing and shoes
Try to take both close-up photographs and wider photographs showing the surrounding area. This can help establish exactly where the accident occurred and what the conditions looked like at the time.
If you cannot take photographs yourself, ask someone you trust to do it for you.
4. Identify Witnesses
Were other people nearby when you fell?
If so, try to get their names and contact information. Independent witnesses may be able to provide valuable information about the condition of the property, what they saw happen, or whether the dangerous condition existed before your accident.
Witnesses can become difficult to locate as time passes, so gathering their information as soon as possible is important.
5. Preserve Important Evidence
In addition to photographs, keep anything that could help document your accident and injuries.
Save the clothing and shoes you were wearing when you fell, particularly if they were damaged or otherwise relevant to what happened. Keep copies of medical records, bills, prescriptions, physical therapy records, and other documentation related to your treatment.
It can also be helpful to keep a record of how your injuries affect your everyday life. Write down missed work, limitations on normal activities, pain levels, medical appointments, and other consequences of the accident.
These details may become important when determining the full extent of your damages.
6. Be Careful What You Say
After an accident, you may be asked questions by a property owner, manager, insurance company, or other representative.
Be truthful, but be careful about making statements beyond the basic facts of what happened. Avoid apologizing or saying that the accident was your fault. Do not minimize your injuries simply because you are still processing what happened.
Insurance companies may look for statements they can use to reduce or deny a claim. Before providing a recorded statement or signing documents related to your claim, consider speaking with a personal injury attorney.
7. Understand That a Fall Does Not Automatically Mean Someone is Liable
Simply falling on someone else’s property does not automatically mean you are entitled to compensation.
In a premises liability case, it generally must be shown that a dangerous condition existed and that the property owner or another responsible party was negligent in connection with that condition.
For example, a property owner may potentially be responsible when they knew—or should have known—about a hazardous condition and failed to correct it or provide an appropriate warning.
That is why investigating the history of the dangerous condition can be so important. Evidence such as maintenance records, inspection records, photographs, surveillance video, employee reports, and prior complaints may help establish what the property owner knew and when they knew it.
8. Contact a New York Personal Injury Attorney
Fall injury cases can become complicated quickly. Property owners and their insurance companies may dispute how the accident happened, argue that the condition was not dangerous, or claim that they did not have enough notice of the problem to correct it.
An experienced personal injury attorney can investigate the circumstances surrounding your fall, identify potentially responsible parties, preserve evidence, review your medical records, and deal with insurance companies on your behalf.
At Basch Keegan & Spada, we have represented people injured in slip and fall and trip and fall accidents throughout New York. Our attorneys understand how important it is to thoroughly investigate a fall rather than simply accepting an insurance company’s version of events.
We have handled cases involving dangerous and uneven surfaces, ice, falls in parking lots, and other premises liability claims. Our attorneys are prepared to negotiate with insurance companies and, when necessary, take a case to court.
What Compensation May Be Available After a Fall?
Depending on the circumstances of your case, compensation may be available for medical expenses, lost wages, pain and suffering, rehabilitation, future medical treatment, and other losses resulting from your injuries.
Every case is different. The value of a fall injury claim depends on the circumstances of the accident, the nature and severity of the injuries, the evidence establishing liability, and the impact the injuries have on your life.
That is why it is important not to assume that an insurance company’s initial offer represents the full value of your claim.
Injured in a Fall? Our Attorneys Can Help
A fall can leave you facing medical bills, missed work, physical pain, and uncertainty about what comes next. You do not have to navigate the process alone.
If you or someone you love was injured in a slip and fall or trip and fall accident in New York, Basch Keegan & Spada can review your case and explain your options.
Contact Basch Keegan & Spada today for a free consultation. There is no fee unless we recover compensation for you.