Slip-and-fall accident victims may suffer serious injuries that require surgery, followed by a lengthy recovery. As a result, many of these victims are unable to work and therefore unable to earn an income to support themselves and their families.
Slip-and-fall victims may be able to file a legal claim against any negligent parties that contributed to their accident. Victims should consider taking the following steps after their accident.
Report the accident.
The first step is to immediately report the accident to the property or business owner. The owner will likely prepare some sort of report detailing the facts of the accident. You should request a copy of that report, as it may be a key part of your case later.
Seek medical attention.
Even if your accident seems minor, it is important that you seek medical attention as soon as possible after the accident. By going to a doctor, you will have documentation of your injuries, as well as a record of your prescriptions, treatments, and procedures. This information will be essential to proving that you were injured.
Collect evidence.
In addition to the property owner’s report of the incident and your medical records, you will need other evidence to establish that the property owner was partially or fully responsible for your injuries. Evidence you and your attorney should start collecting right away includes:
- Surveillance footage.
- Photos and videos of the hazard that caused your accident (broken step, juice spilled on the floor, etc.) and the scene of the accident itself.
- Statements and contact information from any witnesses that saw the accident.
The longer you wait to start collecting evidence, the harder it will be to make sure you have everything you need.
File a legal claim.
Filing a personal injury claim after a California slip-and-fall may be the best way for you to recover damages to cover your medical bills, lost wages, and loss of earning capacity. You may also recover compensation for your pain and suffering and mental anguish.
The statute of limitations in California for a personal injury claim, is two years from the date of the injury or one year from the date the injury was discovered, if it was not discovered right away.
Proving your claim will generally require you to prove that the store owner knew of or should have known of the dangerous condition that caused your accident but failed to take reasonable steps to cure it or warn of it. You will also need to show that you suffered injuries because of the slip-and-fall.