A leaking freezer, an uneven sidewalk, or a staircase with a loose railing are just a few of the ways injury victims have suffered a slip, trip, and fall at a Fort Myers store, hotel, or apartment complex. And regretfully, many victims fail to understand what to do to protect themselves and their rights to fair compensation.
In this guide, our Fort Myers slip and fall accident lawyers discuss the practical steps to take following an accident on another’s property due to negligence. We will guide you through what to do, when to do it, and why.
Step 1: Report the Accident to the Property Owner or Manager
After any accident on a property caused by a dangerous condition, you need to contact the store manager, hotel front desk, or apartment property management to report the incident. When you speak with them, only include facts as you know them, such as:
- Where the accident took place
- If there were any warning signs posted
- Whether you need medical attention
You do not want to admit any fault, make assumptions about what happened, or minimize your injuries. Also, you need to request a copy of the report. You will need this incident report when you file a claim with their insurers.
Step 2: Document the Scene Before Conditions Change
It is very important that if you can do so while at the accident scene, you start collecting evidence. Floors can be moped and broken equipment can be repaired very quickly if necessary, and property owners and insurance companies will do whatever they can to lower their liability, even after the accident.
Our Fort Myers personal injury attorneys advise victims to collect such evidence as the following:
- Photos and video of the hazard and your injuries
- Warning signs, or the lack of them, in the area
- Lighting, weather conditions, and the surrounding area
If possible, also ask witnesses for their names and contact information. They can corroborate the conditions and events.
This type of evidence can be very powerful when seeking compensation.
Step 3: Get Medical Care Immediately
Once you have reported the accident and documented what you can, you should see a doctor as soon as possible. You should never make assumptions about any injuries you have, especially if you have hit your head or landed on your back. You could be suffering from such injuries as:
- Traumatic brain injuries
- Spinal cord damage
- Broken bones
- Soft tissue injuries
Any delay between the accident and a diagnosis can worsen injuries, and in a worst-case scenario, place your life in greater danger.
In addition to protecting your health, prompt medical attention and strict adherence to your doctor’s treatment plan will also protect your right to compensation. Insurance companies will be looking for every opportunity to devalue or deny your claim. A delayed trip to the emergency room, or gaps in treatment, could give them the excuse to lower your settlement.
Step 4: Understand Why the Location of the Fall Matters
The type of property where you slipped and fell could dictate the cause of your accident and support your claim.
Grocery and Retail Stores
Grocery stores will have products in refrigerators and freezers to preserve their quality, but failure to maintain the equipment could lead to water pooling under and around them. In the larger category of retail stores, Entrances, walkways, and parking lots should be free of tripping hazards and brightly illuminated.
Store managers have a duty to inspect, post warnings, clean spills, and address repairs promptly.
Hotels and Resorts
Hotels and resorts have several amenities for comfort and relaxation. Hotel managers have a higher duty of care due to constant guest traffic. If the hotel manager fails to maintain the grounds, accidents will happen. Pool decks, lobbies, staircases, and tourist-heavy areas should be maintained and free from hazardous conditions.
Condos and Apartment Complexes
Landlords are responsible for keeping common areas like hallways, stairwells, sidewalks, and parking lots reasonably safe. If a fall happens in these shared spaces due to ongoing maintenance issues or one-time hazards, the landlord may be liable.
Step 5: Avoid Insurance Pitfalls That Can Hurt Your Claim
As stated above, the insurance companies will be looking for ways to save money. They will reach out quickly and offer a settlement, but there is a danger in accepting an early settlement offer. Without knowing the full extent of your injuries, that settlement may not cover all your losses, and once you sign a release, you cannot go back for more later.
There is also the danger of giving a recorded statement. Simple answers like “I feel fine today” can be used to devalue your claim. Even the posts you make on social media can be used similarly.
However, a slip and fall attorney in Fort Myers could step in and handle all interactions with the insurance companies, protecting you from their tactics to destroy a valid claim.
Step 6: When and Why to Contact a Fort Myers Slip and Fall Injury Attorney
There is no law that says you must hire an attorney, but there are benefits to having one. In fact, you might want to consult our attorneys if your claim involves any of the following conditions:
- You have suffered serious injuries
- The insurance company is disputing its liability
- You are dealing with delayed or denied claims
An attorney has the resources to investigate your slip and fall and build your claim while you recover. They can challenge any attempts to place additional blame on you under Florida’s comparative negligence rule. And with early notice, they can also collect and preserve evidence before the statute of limitations expires.
Taking the Right Steps Protects Your Health and Your Claim
Contact the Law Offices of Wolf & Pravato at (844) 643-7200 to schedule a free consultation today. A Fort Myers slip and fall injury attorney with our law firm can help you pursue the compensation you need.