A slip and fall accident can cause serious injuries, including broken bones, head trauma, and chronic pain. However, many injury victims unknowingly damage their claims through avoidable mistakes. A Chicago slip and fall attorney can guide you through the process and help protect your legal rights. Understanding common pitfalls helps you avoid errors that could reduce or eliminate your compensation.
Failing to Report the Accident
Property owners and managers may dispute that an accident occurred if you leave without reporting it. Formal incident reports create official documentation of when, where, and how your fall happened. Request a copy of any incident report created. Store managers and property owners sometimes resist providing copies, but you have the right to documentation of accidents on their property.
Note the names and contact information of anyone who witnessed your fall or completed reports. If employees discourage reporting or minimize your injuries, report anyway. Their responses may indicate awareness that a hazardous condition existed and could be used as evidence later.
Waiting Too Long for Medical Attention
Delayed medical treatment creates gaps that insurance companies exploit. They argue that injuries are not serious or were caused by something other than the fall if you did not seek prompt care. Some injuries, particularly concussions and soft tissue injuries, may not produce immediate symptoms.
Seeing a doctor promptly creates documentation of your condition and establishes a timeline connecting injuries to your accident. Follow all treatment recommendations. Missed appointments or incomplete therapies suggest injuries were not significant enough to prioritize. Consistent treatment demonstrates the ongoing impact of your injuries.
Not Preserving Evidence
Conditions that caused your fall may be corrected quickly after an accident. Take photographs immediately if possible, capturing the hazard, surrounding area, lighting conditions, and any warning signs or lack thereof. Preserve the shoes and clothing you wore during the fall. Defense attorneys may argue that inappropriate footwear caused the accident. Your actual footwear provides evidence to counter such claims.
Illinois law requires property owners to maintain premises in reasonably safe condition for visitors. Documentation of hazardous conditions helps establish that owners breached this duty.
Giving Statements Without Legal Advice
Insurance adjusters contact accident victims quickly, hoping to obtain statements before people consult attorneys. These recorded conversations search for admissions that reduce claim values. Statements like “I should have watched where I was going” or “I did not see the wet floor sign” can be used against you even if other factors contributed to your fall. Insurance companies train adjusters to elicit such statements through seemingly casual conversation.
Consult an attorney before providing recorded statements or signing any documents from insurance companies. You have no obligation to provide statements to the property owner’s insurer, and doing so rarely benefits your claim.
Get Experienced Help For Your Slip and Fall Claim
Attorney John P. Kolb has handled over 1,000 injury claims during his 25-plus year career, including numerous slip and fall cases throughout the Chicago area. He has recovered over $35 million for injured clients and understands how to maximize claim values. Contact Kolb Law for a free consultation. You pay no attorney fees unless we recover compensation for you.