What Are Common Mistakes To Avoid After A Slip And Fall Accident?

Slip and fall accidents are quite common and can result in serious injuries. Whether you’re visiting a friend, running errands in public, or getting through the workday, slipping and falling is not out of the realm of possibility. Depending on the nature of your fall, getting through the process ahead can present an array of issues if you don’t know exactly how to proceed.

In Michigan, working through the aftermath of such an incident can be a challenge. To protect your rights and increase your chances of receiving the compensation you deserve, it’s important to avoid making common mistakes after a slip and fall injury.

Failing to Seek Medical Attention Immediately

One of the biggest mistakes people make after a slip and fall is not seeking medical attention right away. Even if you feel fine, some injuries may not be apparent right away. While it’s normal to try “walking off” your injuries, doing so is a mistake if there’s even a small chance of trying to seek compensation.

Postponing medical treatment can not only worsen your injuries but can also negatively affect your ability to obtain compensation. Medical records are ideal for documenting your injuries and the care you receive, which can be helpful for your claim.

Not Reporting the Accident Promptly

After a slip and fall accident, reporting what happened to the property owner, your manager, or a supervisor is a must. Failing to report the accident right away can lead to disputes about the validity of your claim. 

When you report an accident like this, make sure a written report is created and keep a copy for your records. This report will be an important piece of evidence in your case, if one arises.

Lackluster Documenting

On top of reporting the incident and seeking medical attention, it’s important to also collect relevant information. After a slip and fall, you’ll want to take photographs of the area where the accident occurred. 

If present, be sure to include any hazardous conditions that contributed to your fall. It’s also wise to photograph your injuries as soon as possible, as these visual records provide compelling evidence for your case.

Remember, it’s far better to collect more evidence than what you’ll actually need than it is to have little to present to a judge if the need arises.

Ignoring Witnesses

Witnesses can play an important role in corroborating your account of what happened. If there were any witnesses around when you fell, collect their contact information. 

Statements from witnesses can provide third-party verification of the conditions and circumstances that contributed to your accident. Failing to gather witness information can weaken your case and make it harder to prove liability.

Admitting Fault or Apologizing

Having a slip-and-fall accident can be embarrassing or disorienting, and it’s not uncommon to feel like you need to apologize or admit fault. This is especially true if the property owner or your manager is present. 

However, admitting fault can be used against you if a legal case arises. Michigan follows a comparative negligence rule, which means that if you’re found partially responsible for your accident, it may result in less compensation. It’s wise to avoid making any statements about fault and focus on gathering evidence instead.

Not Preserving Evidence

Preserving key pieces of evidence is a must for building a strong slip-and-fall case. This includes keeping clothing or footwear you wore during the accident, as they may point toward signs of the hazardous conditions you were in. 

Also, save any correspondence with the property owner or manager, including emails, letters, or text messages. Each of these documents can help create a timeline of events and showcase the property owner’s awareness of the conditions that caused your fall.

Delaying Contact with an Attorney

Many people underestimate how important it is to contact an attorney after a slip-and-fall accident. An experienced personal injury attorney can provide you with valuable guidance that will help you get through the complexities of Michigan’s legal system. Putting off a consultation can lead to missed deadlines, lost evidence, and decreased chances of a successful claim.

Settling Too Quickly

It’s not uncommon for insurance companies to offer quick settlements to resolve slip and fall claims. In addition, you may be tempted to simply agree to their offer in order to put the incident behind you. 

However, these offers are usually much lower than what you may be entitled to. Settling too early, without fully understanding the extent of your injuries, can leave you with insufficient compensation. Be sure to speak with a legal professional before accepting any settlement offers, as these individuals can help determine whether the offer is fair.

Ignoring Michigan’s Statute of Limitations

Michigan has a statute of limitations that sets a deadline for filing a personal injury lawsuit. For slip and fall cases, the statute of limitations is typically three years from the date of the accident. Failing to file your claim within this timeframe can result in losing your right to seek compensation. Be aware of this deadline and take action quickly to preserve your legal rights.

Providing Recorded Statements to Insurance Companies

After a slip and fall accident, insurance companies may request a recorded statement about the incident. Keep in mind that these statements can be (and often are) used against you to minimize your claim. 

Avoid providing recorded statements to your insurance company without speaking to an attorney beforehand. A legal professional can help you make sense of these requests and ensure that you’re protecting your rights.

Not Following Medical Advice

Ignoring medical advice or failing to follow prescribed treatment can harm your health and weaken your claim. Insurance companies or any opposing parties may try to argue that your injuries are not as serious as you claimed if you’re not following medical guidance. 

Attend all of your medical appointments, follow treatment plans, and keep records of all your treatments and progress.

Overlooking Comparative Negligence

As mentioned, Michigan follows a comparative negligence system, which means that if you are found partially at fault for the slip and fall accident, your compensation may be reduced by your percentage of fault. 

Understanding this concept is a must when it comes to building a strong case. An attorney can help you gather evidence to minimize assigned fault and make sure you get the compensation you’re entitled to.

Misunderstanding Premises Liability Laws

Premises liability laws in Michigan require property owners to maintain safe conditions for visitors. Understanding these laws and how they apply to your case is essential. 

Property owners have a duty to inspect their properties, address hazardous conditions, and warn visitors of potential dangers. Working with an attorney who understands premises liability can help you make sense of these laws and build a strong case.

Handling a slip-and-fall accident in Michigan calls for careful attention to detail and a proactive approach. By avoiding common mistakes, you can protect your rights and increase your odds of receiving fair compensation. 

If you’ve experienced a trip and fall accident and you need help navigating the legal process ahead, reach out to the Mike Morse Law Firm. Speak with an attorney today for support and guidance on how to proceed.