We do not plan to be injured in a
slip and fall accident when we wake up in the morning. Yet, there are hundreds if not thousands
of people slip and fall and are injured each year. Many times these slip
and falls result in serious personal injuries. While many times the injuries
are covered by insurance, unfortunately a large number of slip and fall
injuries are disputed by insurance company. Notwithstanding the insurance
company paying for your medical bills, many times the insurance company
will not pay you for pain and suffering. Even if it does, it will not
compensate you fairly.
There are steps you should take after a
Poughkeepsie slip and fall accident to protect your rights and maximize the compensation you are entitled
to. These steps are crucial to supporting your claim and ensuring your
success if your claim goes to litigation. With these simple tips below,
you can protect your claims for compensation for past and future pain
and suffering, lost wages, lost earnings, medical bills, and any other
related bills to your slip and fall.
The first and most important step to protect your slip and fall claim is
to change your conception about falling and being injured. Falling is
always embarrassing, especially in public. The embarrassment is magnified
when you are injured. But this is not the time to be shy or be a hero.
You need to ask for help if you truly need help. If something hurts, you
need to explain what hurts and seek treatment. If you attempt to “tough
it out,” you will only hurt you claim because witnesses will not
believe you are as injured as your truly may be. Further, if you do not
seek help from the property owner, it will be harder to establish that
you fell on their premises and connect the injuries to the claim.
As such, if you are injured you need to seek medical care for
all of your injuries. This should be immediate medical care, and not delayed.
Do not try to sit at home and ice it to see if your injury gets better
when you know you have sustained a serious injury, such as a fracture
or torn tendon or ligament. If you wait, you are risking your claim. When
you go to the health care provider, explain everything that hurts, what
you feel, what you heard, and describe the amount of pain you have. In
terms of your claim, this is to not just heal the injury, but to also
record the injury for your
slip and fall claim.
If you are able to prior to seeking medical attention, ask for a manager
and make sure an accident report is filed. Explain what happened to you,
that you felt, how you felt your foot slipping, the substance you slipped
on, and the exact location. Also try to get the time it occurred. Generating
an accident report also creates a record of your injury.
An accident report also forces the manager to do detective work for you,
such as looking for witnesses. If you can prior to medical care, try to
identify witnesses and get their information. They will be vital to helping
you establish there was a defective and dangerous condition on the premises.
In addition to looking for witnesses, look around for surveillance cameras
which are the perfect witness to your slip and fall claim. Another great
witness are photographs. If you can, take as many photographs as you can—even
with just your cell phone.
Finally, speak with an
experienced Poughkeepsie slip and fall attorney to protect your rights further prior to speaking with the property owner’s
insurance company. This ensures the insurance company does not abridge
your rights and you get the maximum amount of money you are entitled to.
Learn how to choose a personal injury attorney in
our latest article available by clicking here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.