Being injured in a slip and fall accident due to someone else’s negligence may mean that you are entitled to compensation for any damages or financial losses you suffer because of your injury.
In Louisiana, there are specific legal rules that are crucial to note as they could affect your case. The most important being the deadline for filing a lawsuit, which usually falls one year after the date of the accident in most cases, and also the “comparative negligence” rule, which is referred to when the slip and fall may have been partially due to your own negligent or irresponsible behavior and may affect how much compensation you can claim.
While many slip and fall accidents don’t result in serious injury, there are instances where the injuries sustained can be severe and cause debilitating problems, which affect a person’s quality of life.
All property owners have a responsibility or “duty of care” to keep their premises and property clear of hazards that might cause a person to slip and fall. If they do not and a person injures themselves because of their negligence, the victim could be entitled to receive compensation for their injuries. There are, however, some essential steps that the victim should take immediately after the slip and fall to ensure that they protect their case. These are outlined below:
1) Call emergency services
Not all slip and fall accidents will require the help of emergency services. However, if you are concerned that your injuries may be more severe than they appear, it is always better to be cautious and get professional medical help. The symptoms of a head injury, for example, may not present themselves until some time after the accident and could have fatal consequences, so it is better to contact the emergency services if you have any concerns. Calling emergency services can also help your case if it does go to court as it will prove the seriousness of the fall and that injuries occurred at that time.
2) Be sure of the cause of the slip and fall
It is vital that you are clear on what exactly happened to make you fall over. If you are physically able to, try to ascertain the hazard(s) that might have caused the fall. Uneven surfaces, loose wires, torn carpet, wet surfaces, or objects left in the way could all be potential hazards that could cause a person to fall. If you fell because of a substance that spilled on the ground, try to get a sample of it for evidence.
3) Gather witnesses
Anyone who observed your fall could be a potential witness that can help your case. Make sure you gather the contact information of the potential witnesses. Even if no one saw you fall, you can still use people who were around at the time to explain what the conditions were like before and after the incident took place.
4) Take pictures and document everything
Taking pictures of the hazard(s) that caused you to fall as well as the surrounding area is vital as can be used as evidence to help your case later. It is also important to write as much down as possible. The time and date, the location, the people involved, and any conversations you had should be noted as it can be hard to recall this information after time. These are the kinds of details that can get help make your case much stronger.
5) Get treatment from a medical professional
Even if the injuries you sustain do not warrant a call from emergency services, you should still seek treatment from a doctor or other medical professional as soon as possible after your injury. Having a medical professional attest that you were injured and explain the nature and severity of your injuries is essential. Choosing not to do this can make your choice to file a lawsuit seem like more of an afterthought and the courts may not take it as seriously.
6) Call a lawyer
Hiring a lawyer can help you ensure that you don’t make any mistakes that could harm your case and will make sure that you get the best counsel to guide you through the process and provide you with an aggressive defense.
If you have been injured in a slip and fall accident make sure that you get the justice you deserve by contacting the professional, experienced lawyers at the Bagneris firm for a free, confidential consultation today.
Bagneris Law Firm
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