If you’ve been injured on someone else’s property, it’s important to take certain steps to protect your rights. At the Law Office of Jack M. Shapiro, P.C., I’ve helped countless clients with slip and fall claims.
These types of personal injury cases can be complicated, especially when dealing with insurance companies or the property owner. Let’s walk you through what you should do if you're injured on someone else’s property.
Seek Medical Attention Immediately
The first thing you should do after any injury is to seek medical attention. It doesn’t matter how minor the injury may seem; even if you feel fine right after the accident, some injuries can worsen over time. For instance, in the case of slip and fall accidents, injuries like back pain, neck pain, or even concussions can manifest hours or days later.
Get checked by a healthcare provider: A medical professional can assess the extent of your injuries and create a record of your condition. This is crucial for your case later on.
Follow through with recommended treatments: It’s important to follow any medical recommendations and attend all follow-up appointments. This not only helps with your recovery but also strengthens your case.
Document your medical records: Keep detailed records of your doctor visits, medications, treatments, and any physical therapy you may undergo. These records will serve as vital evidence in your case.
Report the Incident to the Property Owner
The next step is to report the slip and fall accident to the property owner or manager. Many people make the mistake of not reporting the incident, thinking that it’ll be easier to handle without getting the property owner involved. However, reporting the accident is important for several reasons.
Document the event: Notifying the property owner about the accident provides a record that you fell or were injured on their property. This can be helpful when proving liability.
File an official incident report: Some property owners will require you to file an official report. This report should include details about how the accident happened, where it happened, and any immediate injuries you noticed.
Get a copy of the report: Always ask for a copy of the incident report. This will serve as an official document showing that the accident was reported.
Gather Evidence at the Scene
One of the most important steps in a slip and fall case is gathering evidence at the scene of the accident. Property owners often have their own records and cameras, but this doesn’t mean they’ll offer all the information that will benefit your case.
Take photos of the scene: Immediately after the fall, take pictures of the area where the accident occurred. Document any hazards such as wet floors, uneven pavement, or poor lighting.
Capture your injuries: Take photos of your injuries as well. These pictures can act as evidence to show the severity of your injuries.
Get contact information from witnesses: If there were any witnesses present at the time of the accident, ask for their names and contact information. Witness testimony can be crucial when proving your case.
Avoid Admitting Fault
After a slip and fall, you might feel inclined to apologize or explain what happened. However, it’s important to avoid making any statements that could be interpreted as admitting fault.
Don’t admit liability: Even if you feel you may have caused the accident, wait until you’ve consulted with an attorney before making any statements.
Stick to the facts: When speaking with the property owner or anyone involved in the incident, stick to the facts. Avoid speculation or assumptions about what happened.
Contact a Personal Injury Attorney
When dealing with injuries that occurred on someone else’s property, it’s wise to consult with a personal injury attorney. An experienced attorney can help you understand your rights and guide you through the legal process.
Why you need an attorney: In Illinois, property owners are legally obligated to maintain a safe environment for visitors. However, proving that they failed in this duty can be difficult without professional legal assistance.
Legal responsibilities of property owners: An attorney can help you understand the property owner’s responsibilities and whether they were negligent in maintaining their property.
The statute of limitations: In Illinois, there’s a statute of limitations on personal injury claims, which means there’s a time limit within which you must file your case. Consulting an attorney early on assures you don’t miss any important deadlines.
Document All Damages and Expenses
As you proceed with your recovery, it’s important to keep track of all costs and damages related to the incident. This includes not only medical bills but also any other expenses or losses you’ve incurred due to the injury.
Medical expenses: Keep a record of all medical bills, prescription costs, and any out-of-pocket expenses related to your injury.
Lost wages: If your injury has kept you from working, document the lost wages. Your attorney can help you calculate the economic loss due to your injury.
Pain and suffering: Beyond economic damages, you may be entitled to compensation for pain and suffering, emotional distress, and other non-economic losses.
Understand Premises Liability Laws
Premises liability is the legal principle that holds property owners responsible for accidents that occur on their property. In Illinois, property owners are required to maintain a reasonably safe environment for guests. If a property owner is negligent in maintaining safe conditions, they may be held liable for accidents that occur as a result of their neglect.
Types of property hazards: Slip and fall accidents can be caused by many different hazards, including wet floors, uneven pavement, poor lighting, or obstructed walkways.
Property owner negligence: In order to win a premises liability case, you must prove that the property owner was negligent. This could include showing that they were aware of the hazard and failed to address it, or that the hazard existed for an unreasonably long time.
Filing a Slip and Fall Claim
If the property owner or their insurance company refuses to take responsibility, you may need to file a personal injury claim. Filing a slip and fall claim can help you recover compensation for your medical bills, lost wages, and pain and suffering.
Negotiating with insurance companies: In many cases, insurance companies will offer a settlement. Your attorney can negotiate on your behalf to assure that the settlement is fair and covers all of your damages.
Going to court: If a settlement can’t be reached, your attorney may recommend filing a lawsuit. The lawsuit will be based on premises liability and could involve presenting evidence to a judge or jury.
How an Attorney Can Help
An attorney focused on slip and fall accidents can provide invaluable support throughout the entire process, from gathering evidence to negotiating settlements.
Experience in handling slip and fall cases: An experienced attorney knows the ins and outs of Illinois law and can make sure that your case is handled properly.
Maximizing compensation: Your attorney will work to secure the maximum compensation possible for your injuries. This includes accounting for all your losses, both economic and non-economic.
Legal advice and representation: With a personal injury attorney by your side, you’ll have expert guidance on every aspect of your case, from filing paperwork to presenting evidence in court.
Contact Me Today
If you’ve been injured in a slip and fall accident on someone else’s property, don’t hesitate to reach out to the Law Office of Jack M. Shapiro, P.C. Serving Buffalo Grove, Arlington Heights, DuPage County, Lake County, Mount Prospect, Palatine, Vernon Hills, Mundelein, Cook County, Hoffman Estates, McHenry County, Northbrook, Schaumburg, and Wheeling, I’m here to help you through this challenging time. Contact me today to schedule a consultation.
