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Slip and falls are some of the most frequent accidents in the world. They are the major reason
behind worker compensation claims and, after car accidents, the largest segment of personal
injury claims. They occur on icy sidewalks, broken staircases, in malls, department stores,
airports, offices, and infinitely more places. Anyone and everyone are vulnerable to becoming a
victim of a slip and fall accident.
Causes
It does not mean much how many safety measures are in place; there is still the risk of slip and
fall accidents. This is proven every day as slip-and-falls result from:
While slip and falls are not always the result of negligence, vigilance does not negate
responsibility.
What to Do After a Slip and Fall
Should you ever slip and fall at work, while shopping, or in a public place, report the accident
right away, to a manager or employee. This should be done even if you do not feel you have
been injured. A report is especially important for employees that may need it to apply for
benefits.
Injuries related to a slip and fall may not be evident. Adrenaline can mask pain. It is not unusual
for someone to wake up the following morning or even the next week and find themselves
experiencing pain. Should you find yourself in pain, get in touch with the person you reported
the incident to and seek medical attention. Employees will likely be referred to a specific medical
professional or facility. Get medical attention as soon as possible, especially as it could help
expedite a worker’s compensation claim.
Determining Fault in a Slip and Fall
The best way to establish accountability for any injury that results from a slip and fall is by
consulting with a slip and fall attorney. They will thoroughly investigate the incident for the
following:
Once your injury lawyer completes their investigation, they can advise on your next step. If the
property owner is proven he/she is at fault, you could be legally entitled to compensation for
amassed expenses related to the injury, as well as remuneration for pain, suffering, and lost
wages.
If you have been injured in a slip and fall or if you believe you have not been adequately
compensated by your employer after a slip and fall, speak with one of our team members at
Nooney, Roberts, Hewett & Nowicki by calling us today at (904) 398-1992. We can help you
determine what your legal recourse is.
Difference Between Slip and Fall and Trip and Fall
The terms “slip and fall” and “trip and fall” are often used interchangeably. Most people believe
that a fall is a fall. However, the terminology used to describe your claim can make the
difference if your case is rewarded damages or dismissed from the courts.
Falls are one of the leading causes of unintentional injuries in the United States, accounting for
millions of visits to emergency rooms. These accidents can be debilitating for those sustaining
serious injuries. Additionally, whether you slip or trip, there is a marked difference in how your
injuries present. Below is a brief breakdown of the difference between slip and fall and trip and
fall claims.
Slip and fall constitute the following:
In slip and fall cases, typically the victim falls due to a loss of traction or friction with the
ground. This is demonstrated by a wet or slippery surface, such as after a spill or leak. Injuries
typically sustained in a slip and fall accident present on the back of the body since a victim is
more likely to fall backward in a slip and fall accident. These injuries present as trauma to the
back of the head, neck, and back. Additional injuries can happen to the hips and legs.
In slip and fall cases, the plaintiff must prove that the property owner was negligent in the
upkeep of their property. Gathering evidence that the property owner was aware of the spill and
purposely did not make a reasonable attempt to clean the spill is the hallmark of these claims. If
you have sustained injuries from a slip and fall, gathering evidence is key to proving your claim.
Evidence can be as simple as taking a picture of where the accident happened, your injuries, and
contacting eyewitnesses to gather their information
Trip and Falls constitute the following:
In trip and fall cases, the victim’s momentum is thrown out of balance by colliding with an
object. In trip and fall accidents, the victim collides with an object throwing the victim offbalance, typically in a forward motion. Injuries from trip and fall accidents present as trauma to
the face, front of the head, arms, hands, and knees.
Trip and fall accidents are similar in slip and fall accidents because the burden of proof is again
on the plaintiff. In trip and fall accidents, the plaintiff must prove that the actions of the property
owner were negligent and resulted in the trip and fall accident.
There are crucial steps you should take if you have been involved in a trip and fall or slip and fall
accident:
How Long Does It Take to Settle a Slip and Fall Lawsuit in Florida?
A slip and fall accident can impact a person’s life for the worse. That is why one of the most
common personal injury questions is, “How long will it take for the case to settle?” Every case is
unique, so it is not possible to provide an exact answer to that question.
A personal injury law firm will analyze your case and provide you with the appropriate time
frame as follows:
The First Steps
You will have to take the two most important steps before you even contact a personal injury law
firm: Gather the evidence and get medical attention. If you fail to do either one of these, unfortunately, you may not be able to file a claim. Your medical records will serve as evidence that you were injured. The evidence will be used to document exactly how you received the injuries.
After you have gathered the evidence and obtained the medical attention that you needed, you
will need to call a personal injury law firm. A lawyer will be able to give you a timeline after
looking at your medical records and the evidence.
In most cases, the attorney will negotiate with the insurance company to come up with a
settlement. For example, if you filed a car accident claim, then the attorney will work with the
auto insurance company. If you were hurt on someone’s property, then the attorney will work
with the property owner’s insurance company.
A lawsuit will have to be filed if a settlement cannot be reached. This often happens in serious
accidents when the person’s injuries cost more than what the insurance company is willing to
pay.
The Pretrial Phase
The purpose of the pretrial phase is to find out as much information as possible about the
accident. Attorneys will exchange all the important information and details. A settlement can be
reached, which will prevent the case from having to go to trial (court).
The case will have to go to trial if a settlement cannot be reached. The court will set the trial
date. A case may be settled in just one day, or it may go on for several months. The losing party
can prolong the case by filing an appeal.
While most personal injury cases are settled by negotiation, some may complicate themselves
and take longer to settle. That is why you need to have the right attorney to represent you.
At Nooney, Roberts, Hewett & Nowicki, we give you the representation you deserve. You will
receive small firm attention with big term results. Call us today to schedule a free consultation at
(904) 398-1992.
