Accident Checklist

TRIP/SLIP AND FALL ACCIDENT CHECKLIST

1. TAKE PICTURES AND VIDEO OF THE AREA WHERE YOU FELL: Take multiple pictures and videos (with your phone) from close and far vantages, from four different directions, of the area where you fell, and of the defect/crack/condition/spill that you fell on. It may have been impossible if you were in pain or fractured something, in which case you should ask someone else (witness, relative, friend) to do so with your phone, or go back and take pictures after you are stable if you are medically able. If not, you should have a friend or family member return to the area and take a picture as soon as possible. Odds are that after a fall the store owner, landlord, or property manager has taken steps to repair the condition, making it more difficult to prove fault later.
2. GET THE NAME, TELEPHONE NUMBER & EMAIL OF ANY WITNESSES: Get the name, telephone number, email, and address of any witnesses, even if they only saw you after the fall. They may be important for establishing the time, place, and condition, defect, or spill that caused you to fall and injure yourself.
3. MAKE or FILE AN INCIDENT REPORT OR ACCIDENT REPORT: Typically, if you were injured at a business, this will have been filled out at the time of the Incident or Accident. If it is no longer the same day as the accident, call an attorney before making a belated report, as it may be more advantageous for you to wait depending on your circumstances (for example, it may be better for your attorney to make a belated report after obtaining critical records and conducting and inspection).
4. GO TO THE HOSPITAL OR PHYSICIAN: If you are injured and still feeling pain, do not wait for a treat. See a doctor right away. Often a client will wait for treatment to see if the pain goes away on its own, but this can be a serious mistake. Insurance companies always argue that a person who waits to treat must not have been injured. While untrue, it can work in front of an unsuspecting jury. If you cannot afford a doctor or do not have health insurance, call us and we will give you a list of doctors that work on a “LIEN” basis. This means that they will treat you and wait to get paid when you settle your case. Make SURE the ER, Hospital, or PCP takes down an ACCURATE depiction of your accident. It is often surprising to clients how bad ER and other physicians are at taking an accurate history regarding the incident. Make your statement short, to the point, and broad. Nuance is almost always lost to doctors. For example, "I tripped and fell on stairs". No need to say more, as the doctors are likely to misinterpret anything more detailed than that.
5. DO NOT GIVE A RECORDED STATEMENT: If you make a report or claim to an insurance company, do not give a recorded statement. Insurance adjusters are often very experienced in asking questions that are designed to unwittingly minimize your injuries or pain, only to use it against you later when you realize that what you said was not what you thought the adjuster was asking about. For example, the adjuster might introduce himself: “Hi, how are you today”. The answer is, “I’m okay, how about you?” This innocent greeting can be twisted later on by the adjuster who will claim that he asked you how you were, and you said “OK” without any complaints of pain! All the while knowing you never meant your casual introduction to carry such a meaning. Without an attorney, you will be subject to tricks and tactics designed to make you look uninjured, insincere, or inaccurate. Wait until you talk with an attorney before giving a recorded statement to any insurance carrier or adjuster. Your attorney will help prepare you for the common tricks used in premises cases, which are many. They may also ask you for a complete medical history from the beginning of time, which you will likely fail to remember all pertinent facts without first ordering your past medical records and reviewing them with an attorney. For example, adjusters often ask if the client had any prior neck or back pain. Most people, if they suffered a serious spine injury, will deny any prior similar symptoms, only later to find out about a chiropractor they saw 10 years earlier for 3 months that they forgot about, which the adjuster uses with devastating effect against the client later to paint them as a liar.
6. CALL AN EXPERIENCED PREMISES LIABILITY ATTORNEY: Both Slip and Falls & Trip and Falls are areas of law called “Premises Liability”, an area of Personal Injury law. Child & Jackson are experienced premises liability attorneys, comprising nearly half of our entire practice. It is very important in premises liability cases to call an attorney as soon as possible after an accident as you may have as little as six (6) months to file a claim [see Government Entity Claims]. Call us for a free consultation with an experienced trial attorney over the phone or in person.