Suffering a slip and fall can leave you with not only painful injuries, but it can also bring a mountain of medical bills you weren’t expecting. When someone else is responsible for you getting hurt, you need to take action right away to improve your chances of a successful Buffalo slip and fall claim.
Here’s what to do after a slip and fall accident in Buffalo and how to protect your compensation claim.
Get Medical Treatment Right Away
If you aren’t in significant pain, you might brush the fall off and leave the area out of embarrassment. However, you could have serious injuries that need care before they get worse. Always ask someone to call 911 (or do it yourself) so medical first responders can evaluate you.
Afterward, see your own doctor within 72 hours for a full examination and follow-up care. Not only does this protect you against life-threatening conditions such as head trauma, but it also connects your injuries with the accident, strengthening your claim against the at-fault party.
Take Photos and Gather Other Evidence
Take pictures of your injuries, the area you were hurt, and anything that might document what happened. You can gather other evidence that will support your accident claim by doing the following:
- Ask witnesses for their contact details.
- Completing a store accident form and keeping a copy for yourself.
- Calling 911 to file a police report.
- Asking the property owners for any security camera footage of the incident.
If you hire a Buffalo premises liability lawyer, they can collect additional material, such as maintenance and training logs, repair logs, and witness statements. This evidence can help you push back on claims of comparative negligence that you were partly at fault for your injuries.
Keep Track of Your Treatment and Expenses
It’s important to document how you were hurt, what’s happening with your medical care, and how well you’re recovering. In some instances, you could get worse or develop new conditions as a result of your injuries. Your “simple” slip and fall case could develop into a very valuable Buffalo personal injury lawsuit if you are permanently disabled or become extremely ill.
You should also keep copies of the following recoverable damages and share them with your attorney:
- Hospital bills
- Lost wages, PTO, vacation, and retirement savings matches by your employer
- Specialist costs
- Therapy fees,
- Travel expenses for treatment
- Renovation costs for your home
Keep taking photos of your injuries as they heal and make sure your doctor is aware of any new symptoms or problems. You can also record your emotional journey, which can support a slip and fall claim for pain and suffering damage.
Hire a Lawyer to Negotiate With the Insurance Company for a Fair Settlement
With few exceptions, you’ll probably need to negotiate with the property owner’s insurance company for your personal injury settlement after a slip and fall accident. They will investigate your claim and may try to reduce or deny it, so you should rely on a skilled attorney who understands insurance law. Otherwise, you could make mistakes that cost you the full value of your slip and fall damages.
Avoid recording a statement with the insurance adjusters until you talk to your lawyer. Also, don’t give them access to your medical records and don’t accept the first offer they make. Your attorney can handle these conversations for you to give you the best chance of success and secure the most compensation available.
Don’t Wait to Take Action
Insurance talks can take a long time, and if you need to move forward with a lawsuit, you only have a small window to do so. Under New York state law, you only have 3 years to file your lawsuit, or you could lose your right to seek compensation in court. Although that can seem like a long time, it goes by quickly when you are trying to gather evidence and build your case.
Your attorney needs time to examine your circumstances, work to settle the claim, and prepare your case for trial. If you wait too long, you may reduce your chances of success. To understand more about what to do after a slip and fall accident in Buffalo, schedule a free consultation with the team at Towey Law PLLC today.