10 Do’s and Don’ts to Win Your Slip, Trip, and Fall Case

DO - Ask to Fill Out an Incident Report Immediately (or the Next Day if You Forget)

• After you fall, fill out an incident report or insist the business provide an incident report, if you are physically able to do so.
• Notify a manager and insist an incident report is provided. It's important to document what happened.
• Write down the names of the employees or manager you are talking with.
• Find "witnesses" or people who saw you fall and get their names and addresses or telephone numbers. Ask for help; don't be afraid. Ask family members to seek out witnesses if they were present with you during your fall. Typically, witnesses have no bias and can help immensely.
• Write down any admissions or acknowledgements of the dangerous condition like substances, liquids, or other problems on the floor or land. Write down if the problem was old or new.
• Write down any apologies. While such admissions cannot always be used at a jury trial, we can always refer to these statements during settlement negotiations.

DO - Take Cell Phone Photos Immediately, if Possible

• Inspect the area where you fell as soon as you can after the fall. These cases always seem to have widely differing viewpoints by participants as to the condition of the land. Photos can be the difference between a win and a loss in court.
• At the scene, photograph where you fell, if you can.
• If it is the possible, have a family member or friend photograph the condition of the land if you are in the hospital.
• Dangerous conditions like snow, ice, holes, or cracks in pavement can get fixed quickly. Do what you can.

DO - See Your Doctor, Keep All Appointments, and Get Better

• Even if your injuries aren't severe, you should still see a doctor. Even pre-existing injuries are compensable in Indiana if they are aggravated by your accident.
• Don't assume that you are prevented from recovering just because you had a problem in your past with an injury or condition.
• Most slip and fall injuries are not visible at first. Your doctor, however, will know how to care for you and what to keep an eye out for.
• Your doctor visit will also create useful medical documentation.
• Keep thorough records of all of your follow-up appointments, including rehab appointments and treatments.
• Medical documentation provides a link of causation between the accident and your injury. You must prove that the injuries resulted from your fall.

DO – Take Pictures of Your Injuries

• Most people are visual learners when retaining information. Help your jurors understand the true nature of your injuries and the pain and suffering you experienced. Use your cellphone’s camera.
• Photograph your injuries. Many slip and falls result in bruising or other indicators of injury. Bruises go away without photos.
• Photograph any surgical incisions or other invasive treatments. Don't be shy, but you can cover your face, if necessary. Photos help your injury case.

DON’T Say Too Much - Keep Your Words to a Minimum When Talking to Store Manager or Investigator

• Immediately after your slip and fall accident, you need to keep your wits about you. We know you can be shaken and may not realize what you are saying or doing. Maintain focus, as this can make the difference in your case.
• At the scene, refrain from talking as much as possible. You can graciously accept offers to help, but do not discuss how the fall occurred or who is to blame. Do not make any demands.
• In the weeks after: You may be approached by insurance adjusters and attorneys from the property owner or responsible party.
• Do not talk to any insurance representatives or give a statement in the days or weeks after the fall; it's designed to be used against you later.
• Many people think they can "explain" or "win" their slip and fall case themselves. It can't be done. Don't try it. Instead, call Shaw Law immediately and we will schedule your statement or deposition later.

DON’T Give a Statement to the Insurance Company

• Don’t give a recorded statement to the insurance company without first speaking with Shaw Law.
• The insurance adjuster will NOT tell you the truth. He or she might say it is necessary to give a statement “so your medical bills can get paid.” This is NOT true. A recorded statement is not a prerequisite to medical payments coverage if insurance exists.
• The ONLY purpose of a prerecorded statement is to USE AGAINST YOU LATER in court or at a deposition (statement under oath).
• Yes, you can give name, address, and what doctors you are seeing, but do NOT give a recorded statement over the telephone of what happened.