Slipping and falling can happen anywhere and to anyone. Wet floors, tripping hazards, and ineffective protective equipment are all common reasons for falls, often occurring on private or company-owned property. They are an inevitable part of life, so when they happen, people should be able to count on companies and businesses to take care of them.
Unfortunately, especially when it is not in the best interest of a company or individual to take care of you, you will have to undergo a slip and fall investigation. These events can be demeaning and embarrassing for the person under investigation.
You may feel pressured just to let it go or forgive the company, but it's crucial to your well-being that you expect appropriate compensation.
If you or someone you know is going through a slip and gal investigation, keep reading for a few tips on the process and what not to say in a slip and fall investigation.
What Not To Say
To achieve the desired outcome of an investigation, what you don't say will be just as crucial as what you do. It can be tempting to over-explain to defend your right to compensation, but this often does more harm than good. Before speaking to anyone, let’s look at what not to say in a slip and fall investigation and what you should avoid addressing until you've talked to a legal professional.
The Details
Time, date, and location are all the information you need to give to the property owner or company once the fall occurs. Basic details about how the fall happened are fine, but you do not need to provide any information about where you were going, why you were there, or why you think the fall happened.
Let the owner or manager know you need to speak with an attorney before divulging more information about the event.
Admit Fault
It is usually considered poor taste to point fingers and place blame in today's society. But you should not cause undue hardship by saying things like, "I should have been paying more attention." There may be negligence at play that you aren't even aware of.
If the company failed to put salt on the sidewalk or mop up a grease spill, they could take advantage of your naïveté and claim that it was your fault you fell. Whether or not these things are true can be discovered in an investigation, but if you admit fault right away, an investigation may never unfold.
Offer Forgiveness
Again, in today's world, people are expected to forgive and forget. If you're seriously injured, however, forgetting is almost impossible. Don't feel pressured to brush it off like it's no big deal. You are within your rights to expect care and service in the event of an accident and injury.
A Diagnosis
Regardless of whether or not you have been to a doctor, if you have not spoken to your attorney, you are under no obligation to give another party your medical information. Avoid saying things like, "I sprained my ankle," especially if you don't know this to be true.
HIPAA protects your medical information. Without a proper medical evaluation, the damage may be more extensive than you think. If you diagnose yourself, there's a chance you won't get compensated for the entire injury. Obtain a proper medical diagnosis and speak to your attorney before disclosing any medical information.
Agree To Be Recorded
There is no reason to agree to be recorded in any situation outside of an official hearing. Recorded statements can be used against you in court; without your attorney present, you risk discrediting yourself. Laws are tricky, and knowing how to use the correct language is crucial to avoiding perjury. A slip and fall attorney will know how to navigate these conversations.
Sign Anything
If you suffered an obvious injury, a company might send their attorney to you with a check. They are likely hoping you'll accept the offer because it is far less than what you will need to receive proper care. You should never sign any documents over the phone or without your attorney present.
Be wary of any paperwork that comes your way, and don't put your signature on any document you aren't 100% sure you understand.
Get Help With a Slip and Fall Claim
Falling may sound like a minor accident but can result in serious injury. If you've been the victim of an incident, don't assume it is all your fault. You have the right proper care.
Hiring an experienced slip and fall accident lawyer can make all the difference in the outcome of your case. If you experienced severe injuries or were hurt after a fall incident on commercial or public property, you should consult a personal injury attorney about your case. By having legal representation, your lawyer will handle all communications with the insurance company on your behalf and work toward securing a fair settlement for your slip and fall accident. Why risk being unfairly compensated and not having recourse to fix it?
When you hire a slip and fall accident lawyer from Brandon J. Broderick, you pay nothing upfront. We work on contingent fees that are only collected if we win your case. If we don’t win, you don’t pay. Don’t wait, contact us today for a free consultation. With our proven track record of success and our commitment to client care, we can turn your setback into a comeback.