25 Jan, 2024
Slip or trip and fall accidents can happen unexpectedly, leaving victims with injuries and a myriad of concerns. If you've experienced a slip or trip and fall in San Diego, California, and you have been injured it's essential to know the steps to take to protect your well-being and potential legal rights. In this blog, we walk through crucial steps to follow after being injured in a slip and fall incident in San Diego, California. Seek Medical Attention Even if your injuries seem minor, it's crucial to seek medical attention promptly whether that be at urgent care or with your family doctor. Some injuries may not manifest symptoms immediately, and a medical professional can assess your condition thoroughly. Additionally, medical records will be essential if you decide to pursue a personal injury claim later. Report the Incident If your fall occurred on someone else's property such as at grocery store or department store, report the incident to the property owner, manager, or supervisor as soon as possible. Make sure to obtain a written incident report and keep a copy for your records. Include details such as the time, date, location, and a brief description of what happened. Document the Scene Gather evidence by taking photographs of the accident scene, including any hazardous conditions that contributed to your fall. Document any visible injuries you sustained. These visual records can serve as valuable evidence later on. Identify Witnesses: If there were witnesses to your fall, collect their contact information. Witness statements can strengthen your case by providing additional perspectives on the incident. Additionally, if the fall occurred at a business get the names of all employees who you spoke to following the incident. Preserve Evidence Keep the clothing and footwear you wore at the time of the incident as potential evidence. Store them in a safe place, untouched, to help demonstrate the conditions at the time of the slip and fall. If the fall occurred at a business or private property, send a “preservation of evidence” written letter requesting that the business or property owner maintain any video footage, photographs, reports, witness statements, and all other evidence. Additionally, request that a copy of the letter be provided to their insurance provider. It is rare that a business will provide a copy of their reports, video footage, or other evidence before a lawsuit is filed. While that can be frustrating, so long as you demand that the business or property owner preserves all evidence you have taken the proper steps. Avoid Making Statements Refrain from making any formal or recorded statements to insurance representatives or the property owner without consulting a personal injury attorney. Off-the-cuff remarks may be used against you later, so it's advisable to seek legal advice before discussing the incident extensively. File a Claim This is specific to falls that occur on public property owned by a city. If a public entity is liable for causing injuries as a result of a dangerous condition on public property, the claimant must file a claim within six months. Cities provide claim forms on government website which can be used by claimants to file their claim. If your fall occurred at a private business or home, the claim likely will be reported by the property owner after a preservation of evidence letter has been sent to the property owner. In conclusion, experiencing a slip and fall can be a challenging ordeal thrusting unexpected complications into your life, but taking these steps can significantly enhance your ability to protect your well-being and pursue fair compensation for your injuries. By being proactive and seeking legal guidance, you can navigate the aftermath of a slip and fall with greater confidence and resilience. If you or someone close to you has been injured in a slip or trip and fall and have questions, please contact our office to learn about your rights. Your initial consultation is free and if you retain our services no fee will be payable to our firm unless we obtain compensation for you.