A slip-and-fall accident can happen when you least expect it, turning an ordinary day into a stressful and overwhelming experience. Whether it occurs in a public space, at work, or on private property, these accidents can leave you with physical pain, costly medical bills, and uncertainty about what to do next. Taking the right actions immediately afterward can help protect your health and legal rights.
At Kreger Brodish LLP, our experienced attorneys are committed to helping Durham residents recover maximum compensation after suffering injuries due to another’s negligence. Contact our personal injury lawyers today to learn what to do after a slip-and-fall accident and how to seek the justice you deserve. The first consultation is free, and there’s no obligation.
Types of Injuries Caused by a Slip and Fall
Slip and falls can result in various injuries, from relatively minor bumps and bruises to life-altering conditions requiring extensive medical treatment. The severity and type of injury often depend on factors like the surface you fell on, how you landed, and your overall health.
Here are some of the most common injuries caused by slip-and-fall accidents:
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- Broken bones – Particularly in the wrists, arms, ankles, and hips
- Head injuries – Ranging from mild concussions and catastrophic traumatic brain injuries (TBIs)
- Spinal cord injuries – Potentially resulting in partial or complete paralysis
- Soft tissue injuries – Sprains, strains, and tears to ligaments and muscles
- Back and neck injuries – Herniated discs, fractured vertebrae, nerve damage, and whiplash
- Shoulder injuries – Dislocations, rotator cuff tears, brachial plexus injuries, and nerve injuries
- Cuts, bruises, and abrasions – Ranging from minor scrapes to deep lacerations
It’s important to remember that some slip-and-fall injuries may not be immediately apparent. Symptoms of concussions or internal injuries might not manifest for hours or even days after the accident. Seek medical attention promptly to rule out hidden injuries, even if you initially feel fine.
Important Steps to Take After a Slip-and-Fall Accident
Taking specific actions immediately after a slip-and-fall accident can make a significant difference if you need to pursue a personal injury claim later. Here’s what to do:
Seek Medical Attention
Your health should be your top priority. Since some injuries may not be immediately evident, visit a doctor as soon as possible. This protects your well-being and creates an official medical record of your slip-and-fall injury, which can be essential for any future legal claims.
Report the Incident
Inform the property owner, manager, or supervisor about the accident immediately. In a store or business, ask for an incident report to be filed and request a copy. If the fall occurred on public property, contact the appropriate municipal department to report it. If it happened at work, inform your employer or supervisor right away.
Document Everything
Documenting slip-and-fall injuries can help support your claim. Gather as much information as possible by:
- Photographing the accident scene, including any hazards that caused your fall (e.g., wet floor, uneven surface, poor lighting, etc.)
- Taking pictures of your injuries
- Writing down what happened while it’s fresh in your memory
- Gathering contact information from any witnesses
- Keeping all medical records and receipts related to your injury
Preserve Evidence
Keep the shoes, clothing, and other items you were wearing at the time of the accident. Don’t wash them, as they may contain evidence that could support your slip-and-fall claim.
Be Cautious with Your Words
Avoid making statements like “I’m fine” or “It was my fault.” This kind of language can be used against you later. Stick to the facts when describing what happened to the police or insurance company.
Don’t Give Recorded Statements
Insurance companies may ask you to provide a recorded statement. Politely decline until you’ve spoken with an attorney.
Contact a Slip-and-Fall Lawyer
Before talking with insurance adjusters or accepting any settlement offers, consult an experienced slip and fall attorney in Durham, NC. Kreger Brodish LLP offers free initial consultations to discuss your case and help you understand your rights and options.
What You Have to Prove in a Slip-and-Fall Case
If you decide to pursue slip-and-fall accident compensation, it’s important to understand that your case requires proving certain elements. Simply falling and being injured is not enough to hold a property owner or another party liable in North Carolina. You will need to show that negligence played a role in your accident.
Here’s what you need to prove in a slip-and-fall case:
- A dangerous condition existed. To succeed in a slip-and-fall claim, you must first show that a hazardous condition on the property caused the accident and your injury. Dangerous conditions might include wet floors, uneven flooring, broken steps, poor lighting, or tripping hazards.
- The property owner knew (or should have known) about the dangerous condition. Next, you must prove the property owner or manager was aware of the hazardous condition — or should have reasonably known about it — and failed to address it promptly.
- The owner failed to fix the hazard or warn you about it. It’s not enough that a dangerous condition existed. The property owner must also have failed to take reasonable steps to fix the problem or provide adequate warning.
- Your injury was a direct result of the dangerous condition. You must also establish that the hazardous condition caused your injuries. This is where having detailed medical documentation is crucial. You must be able to connect the injuries you sustained directly to the slip-and-fall incident.
- You were not negligent. In some cases, the property owner may try to argue that you were partially or fully responsible for the accident. For example, if you were distracted, not paying attention to your surroundings, or wearing inappropriate footwear, they may claim that your negligence contributed to the fall. Being even slightly responsible for an accident in North Carolina will bar you from recovering compensation.
Documents Required for the Slip-and-Fall Accident Claims Process
Strong slip-and-fall claims require persuasive supporting documentation. Having detailed records can demonstrate the extent of your injuries, the situation that led to your fall, and the financial and personal impact the accident has had on your life.
Here is a list of key documents that will help build a robust slip-and-fall claim:
- Incident report – The official report filed with the property owner or manager
- Medical records – All documentation of your injuries, treatments, and prognosis
- Medical expenses – Itemized bills for all medical treatments related to your injuries
- Witness statements – Written or video accounts from people who saw the slip and fall
- Photographs – Images of the accident scene, hazardous conditions, and your injuries
- Pay stubs or income statements – Proof of lost earnings if you missed work due to your injuries
- Correspondence – Any letters or emails exchanged with the property owner or their insurance company
- Expert testimony – Reports from medical experts or accident reconstruction specialists, if applicable
- Proof of losses – Receipts for any out-of-pocket expenses related to your injury (e.g., transportation to medical appointments, home care services, etc.)
Having these documents ready and organized will streamline the personal injury claims process and give you the best chance of securing fair compensation. An experienced slip-and-fall attorney can guide you through the process from start to finish.
Deadline to File a Slip-and-Fall Accident Claim
In North Carolina, the statute of limitations for personal injury claims, including slip-and-fall accidents, generally gives you three years from the date of the accident to file a lawsuit against the responsible party. However, there are exceptions to this rule:
- If the injured person is a minor, the clock doesn’t start ticking until they turn 18.
- If the property owner is a government entity, you may have a much shorter time frame to file a notice of claim.
While you have up to three years to file a lawsuit, initiating the claims process as soon as possible is in your best interest. Evidence can disappear, witnesses’ memories can fade, and the details of the incident can become less clear over time.
Contact Our Durham Slip-and-Fall Lawyers for Help
If you’ve been injured in a slip-and-fall accident in Durham, NC, you don’t have to deal with the hassle of the insurance and legal processes alone. The experienced personal injury lawyers at Kreger Brodish LLP can help. We offer:
- Free consultations to evaluate your case
- Personalized attention and direct communication with our slip-and-fall attorneys
- A track record of success in personal injury cases
- A contingency fee arrangement — you don’t pay unless we win your case
You deserve compensation when someone else harms you. Let Kreger Brodish LLP fight for the money you deserve while you focus on your recovery. Contact us today for a free consultation with a trusted slip-and-fall attorney in Durham.
