The Law Offices of Rolf J. Rolnicki

SLIP AND FALL

Orange County Slip and Fall Attorney

Accidents involving a slip and fall may be caused by any number of hazards, including walkways, store isles, sidewalks, and stairs that are unsafe for a variety of reasons. The best way to protect your legal rights is by speaking with the Law Offices of Rolf J. Rolnicki, BEFORE talking to any insurance company and/or signing any paperwork.
 

Causes of Slip and Fall Accidents

Factors which can cause an unsafe condition, leading to a slip and fall accident can include:

 

Tips After a Slip or Fall

Report The Accident To The Owner of the Premises

If you get hurt in a slip and fall (or trip and fall) accident, you should report the accident immediately to the premise's owner or another responsible party connected with the premises. If you get hurt on commercial property, report the accident to the highest ranking person that you can find there. If you get hurt on public property, and the injury was not severe enough to require emergency responders to come to the scene, report it to the city or town that day if at all possible.


Although failure to immediately report a slip and fall injury will not legally bar you from filing a lawsuit, you should not wait, especially if your accident was unwitnessed. Insurers (and juries) question the legitimacy of an unwitnessed accident claim that was not reported in a timely manner (within 24 hours). Even a several day delay in reporting the accident can seriously harm your claim.


In some cases, you may even want to send a notification letter.


Get The Names of Witnesses

If there were any witnesses to your accident, make sure that you get their names and contact information. Witnesses can be critical in a slip and fall claim.


Take Pictures As Soon As Possible

If you have a slip and fall accident, you may not be in a condition to gather evidence. However, if you can, take pictures immediately. If you are mobile and have a camera, take as many pictures of the accident scene from as many angles as you can, before you leave the scene.


If you do not have a camera or are not physically able to take any pictures after your injury, have a friend or relative take pictures as soon as possible, and hopefully before anyone fixes or changes the area of the accident. This is especially important if you slipped on ice or snow. The condition of ice and snow can change within minutes. Ice can melt, or it can be cleared away. It can be difficult to win an ice and snow case without pictures showing the ice and snow as it was at the exact moment of your injury.


Get Medical Treatment

If you need medical attention and you are hurt, go to the doctor. If it is an emergency, go or ask to be taken to a local emergency room or a walk in clinic. Don't wait. Insurance companies (and juries) often assume that, if you did not seek medical attention immediately, you were not severely injured.


Make Sure To Explain How You Got Hurt To Your Health Care Providers

Insurance companies do not like to pay money in cases where the injured person's initial medical records are inconsistent with your claims at trial. Juries do not like these kinds of claims either. Consistency is key.


Here is an example. Let's say that, in your lawsuit you claim that you hurt your back when you slipped on water on a staircase. But when you went to the emergency room one hour after the accident, the emergency room records state that you told the doctor that your back has been hurting for weeks and that you had not done anything recently to aggravate your back.


This is a serious inconsistency, and a lawsuit with these facts is probably not going to get very far. So, if you had an accident, make sure to tell all of your health care providers that you had an accident.


Fill Out Accident Report Forms Accurately

Often, commercial property owners ask injured people to fill out and sign accident reports. There is no law that requires you to do this. If you don't want to do this or feel too unwell to do it, don't do it. Don't feel pressured into filling out forms, but if you do fill out an accident report, make sure that you accurately explain how you got hurt.


Do Not Give A Tape Recorded Statement To The Insurer

After you report the injury, you may receive a telephone call or a visit from an insurance adjuster asking you to give a tape recorded statement describing the accident and your injuries. No law requires you to do this in a slip and fall case. As a general rule, giving such a statement will not help you if you do not have a lawyer. If you do not have a lawyer, you should not give a tape recorded statement to the insurer.


Attend Your Scheduled Medical Treatment

Do not miss medical appointments. If you have a pattern of missing medical appointments, the insurer (and the jury) will assume that your injury is not severe or that you have been healed since your appointments are not a priority. If you have not fully recovered from your injuries, make sure that you make it a priority to attend all of your medical appointments.
 

Dealing with Insurance Companies

After a slip and fall or trip and fall, dealing with insurance companies, handling extensive paperwork and trying to get a fair settlement for your losses is the last thing most people want to do. Insurance companies understand these factors all too well; many people can be overwhelmed by the process, and can easily be taken advantage of by insurance companies who want to give you as little settlement as possible. Remember, insurance companies are a bottom line business and have attorneys working for their best interests.


The Law Offices of Rolf J. Rolnicki is not afraid to take on the largest insurance companies. You will be represented by an attorney with vast knowledge of the law and the insurance industry. This will allow us to obtain maximum recovery for your injuries, whether by negotiating a settlement or by taking your case to trial. Our focus is in achieving the most positive results for our clients.
 

We Fight for Max Compensation

Damages that a Slip & Fall victim and possibly the victim's family may be entitled to recover include:
 

LEGAL SERVICES

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SERVING

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Rolf J. Rolnicki
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