Everything You Do After a Serious Fall Matters
No one starts out their day expecting to suffer a serious injury. When this expectation is shattered, it can cause significant disruption to a person’s life. The only thing more disheartening is when such an event occurs due to another party’s negligence – such as in premises liability cases. So, what should you do if you slip and fall in a Fresno store?
Fortunately, the steps to follow after such an incident are relatively well-established. However, this doesn’t mean they’ll be easy – and if you make even one mistake, it could seriously affect your ability to secure a fair outcome. No one deserves to have their lives upended due to negligent, reckless, or wrongful acts.
By sticking to the following strategies, you can make sure responsible parties are held accountable.
Report the Incident Immediately
In a worst-case scenario, a person injured in a slip-and-fall accident in a Fresno store won’t be able to do much. We see this when individuals suffer major injuries – some so serious that they can’t even move away from the scene of the accident. In these cases, others typically call for help – but if you’re able, you should notify the store manager yourself.
Keep in mind that everything you do matters at this point. By alerting the store manager or an employee, you can get the ball rolling on initial documentation of the incident. Request that an incident report be filled out, and make sure to get a copy before leaving the store. This will ensure anything that happened to you is properly documented.
If the store refuses to make a report, document the scene yourself. If their refusal is particularly egregious, consider contacting law enforcement.
Gather Evidence
Gathering evidence at the scene of a store accident is another step that will vary situationally. Clearly, some people can’t do this if they’re seriously injured. However, those who can safely document the scene without endangering themselves further should do so. The most important steps you can take include:
- Taking photos and videos of the scene, making sure to include the hazard (e.g., wet floor, dim lighting) that caused the accident
- Collecting witness information from anyone who witnessed the incident
- Keeping your clothing and shoes, as their condition at the time of the incident could be relevant to the case
You should also immediately note the details of the situation. If you have a pen and paper, write down your account of what happened. Note the time, date, location, and any other relevant information. If you don’t have writing material, send yourself a text or have a loved one document the incident in the note app of their smart device.
The main goal here is to create an immediate record of what happened.
Seek Medical Attention
In any personal injury claim, it’s not enough to simply show that negligence occurred. In addition to proving negligent or wrongful acts, it’s also necessary to show that actual harm occurred. If you don’t seek medical attention immediately, your ability to do this could be greatly compromised. Visit a doctor even if you think your injuries aren’t too severe.
Unfortunately, the severity of certain injuries often doesn’t become clear until later. There have been people who suffered falls but went about their day normally – only to drop dead hours later from an undiagnosed head injury. The simple fact is that you’ll never know the severity of your injuries – or sometimes even their diagnosis – without visiting a medical professional.
Additionally, you’ll need medical documentation to show how you were harmed by the neglectful acts of the store owner, manager, or employee. And if you fail to seek treatment immediately, insurance lawyers could later claim that your injuries were suffered elsewhere or due to your negligent decision to not seek care. In all cases, visit a doctor.
Preserve All Records
After suffering a slip-and-fall injury in a Fresno store, you’ll want to preserve all documentation related to the accident. This includes visit summaries from your doctor, medical bills, photographs, relevant communications, and any evidence of monetary loss.
Pay special attention to your economic losses, as they often are more broad than most people realize. Yes, medical bills certainly qualify – but so do lost wages at work, transportation costs, property damage, and more.
Gather the records that prove these losses and maintain them in a safe space. Never delete or throw out anything.
Avoid Communication
Individuals employed by the store or their insurers may reach out to you regarding the accident. Even if you believe what happened was clearly the fault of someone else, you need to avoid making any statements. You should also never sign anything before speaking with an attorney.
Unfortunately, defense attorneys may try to twist what you say to imply that you were at fault for your own injury. In some cases, this will go beyond your communications with them. They may review your social media activity for any incriminating posts or comments.
Put simply, avoid talking about your Fresno store slip-and-fall accident with anyone other than an attorney.
Consult With an Attorney
When a person suffers a serious injury, they sometimes wonder whether they need to hire a lawyer. Perhaps they believe they can’t afford legal representation, or maybe they believe their case will be “open and shut” in the eyes of a jury. Unfortunately, these assumptions can cause major issues – and they’re typically 100% inaccurate.
First, you need to remember that negligent parties and their insurers will pay out as little as possible. They might try to drag the case past the statute of limitations, or they may try to argue that you were at fault for your own injury. An experienced attorney can fight back against these tactics, and in most cases, you’ll only pay your lawyer if they win your case.
Put simply, one of the first things you should do if you slip and fall in a Fresno store is contact an attorney. At Tomassian, Pimentel, & Shapazian, our legal team is here to assist. Contact us at (559) 545-0383 for a free initial case evaluation.