The Legal Journey

What to Do After a Slip and Fall Accident – Steps to Take

April 1, 2025
Cody Podor
11 min read
What to Do After a Slip and Fall Accident – Steps to Take

Have you just experienced a slip and fall accident? If so, you’re likely dealing with pain, confusion, and uncertainty about what steps to take next. Don’t worry – we’re here to help guide you through this challenging time.

Slip and fall accidents are incredibly common – in fact, they’re one of the leading causes of injury-related emergency department visits in the United States. According to research from the Healthcare Cost and Utilization Project, falls account for approximately one-third of all injury-related emergency room visits nationwide.

At Podor Law, we understand how overwhelming the aftermath of a slip and fall accident can be. With over 40 years of combined experience handling these cases, our team has helped countless victims navigate the complex process of recovery and compensation. Taking quick, decisive action after your accident is crucial for both your health and your legal rights.

This step-by-step guide will walk you through exactly what to do after a slip and fall accident – from immediate medical care to protecting your legal rights. Let’s get started with the most critical steps you need to take right away.

8 Critical Steps to Take After a Slip and Fall Accident

Step 1: Assess Your Personal Injury and Seek Medical Attention

Following a slip, your health comes first. Even if you feel “okay” initially, some severe injuries don’t show symptoms right away. Fall injuries can cause traumatic brain injuries, internal bleeding, or fractures that might not be immediately obvious any part of your body. 

Why it’s important: Getting immediate medical attention not only ensures proper treatment but also creates an official record linking your injuries to the accident. This medical documentation is vital if you later pursue compensation.

IMPORTANT: Don’t skip this step even if your injuries seem minor. Some symptoms may take hours or days to appear, especially with head injuries or internal bleeding, so always seek medical attention immediately after the accident. 

Step 2: Report the Accident

A slip and fall accident should always be reported. Notify the property owner, manager, or appropriate authority about your accident immediately.

  • In a store or business: Speak with a manager and insist on completing an official incident report
  • At a private residence: Inform the homeowner or landlord
  • In a public place: Contact the appropriate government department

Why it’s important: Reporting creates an official record of when, where, and how your accident occurred. Ask for a copy of any written report for your records.

Step 3: Document the Scene

Before leaving, thoroughly document the accident scene:

  • Take photos of the exact location where you fell
  • Capture the specific hazard that caused your fall (wet floor, broken step, etc.)
  • Get wide-angle shots showing the surrounding area
  • Note any missing warning signs or safety measures
  • Record the date, time, and lighting conditions

Why it’s important: Conditions can change quickly after an accident. Property owners often fix hazards immediately after someone gets hurt. Your photos may be the only evidence of the dangerous condition that caused your fall.

Step 4: Collect Witness Information

If anyone saw your fall, politely ask for their names and contact information. Witnesses can provide crucial testimony about the hazardous conditions and how the accident occurred.

Why it’s important: Independent witnesses add credibility to your account of events. Their unbiased perspective can help establish that the property owner was negligent.

Step 5: Preserve Evidence

Keep and document anything related to your accident:

  • Save the shoes and clothing you were wearing
  • Don’t wash items that show dirt, liquid, or blood from the fall
  • If possible, preserve any physical item that contributed to your fall
  • Keep copies of all accident-related documents

Why it’s important: Physical evidence helps prove the conditions that caused your accident and the extent of your injuries.

Step 6: Keep Detailed Medical Records

Maintain a comprehensive file of your medical treatment:

  • Emergency room and doctor visit summaries
  • Diagnostic test results (X-rays, MRIs, etc.)
  • Prescriptions and medication receipts
  • Physical therapy records
  • Medical bills and insurance statements
  • Keep a daily journal documenting your pain and limitations

Why it’s important: These records establish the extent of your injuries, the cost of your treatment, and how the accident has affected your daily life – all critical factors in determining compensation.

Step 7: Avoid Giving Statements to Insurance Companies

Be cautious when dealing with insurance adjusters. They may contact you shortly after the accident seeking a recorded statement.

Why it’s important: Insurance companies often use these early statements to minimize or deny your claim. Anything you say could be taken out of context or used against you later. Politely decline to give any recorded statements until you’ve consulted with an attorney.

Step 8: Consult with a Personal Injury Attorney

Contact an experienced slip and fall attorney for a free consultation as soon as possible after your accident.

Why it’s important: A knowledgeable premises liability attorney can:

  • Evaluate the strength of your case
  • Ensure all critical deadlines are met
  • Handle communications with insurance companies
  • Help gather essential evidence
  • Calculate the full value of your damages
  • Negotiate for maximum compensation
  • Take your case to trial if necessary

Common Mistakes to Avoid After a Slip and Fall

Protecting your health and legal rights means avoiding these critical mistakes:

Waiting Too Long to Seek Medical Care

Delaying medical treatment can worsen injuries and damage your claim. Insurance companies often argue that if you were truly hurt, you would have seen a doctor immediately.

Failing to Report the Incident

Without an official report, the property owner might deny the accident ever happened on their premises. Always ensure your fall is documented with management or ownership.

Giving Recorded Statements to Insurance Adjusters

Insurance companies are not on your side. Their goal is to pay as little as possible on your claim. Any statements you provide may be used to reduce your compensation.

Posting About the Accident on Social Media

Even innocent posts can hurt your case. Insurance companies routinely monitor claimants’ social media accounts looking for evidence to undermine their claims.

Accepting Early Slip and Fall Settlement Offers

Initial settlement offers are typically far below what your case is worth. Once you accept a settlement, you cannot ask for more money later, even if your injuries worsen.

Not Following Medical Advice

Failing to attend follow-up appointments or ignoring your doctor’s recommendations can both harm your recovery and give insurers reason to deny your claim.

Understanding Your Rights After a Slip and Fall Accident

When you’re injured on someone else’s property, you have important legal rights based on premises liability laws:

Property Owner Responsibilities

Property owners and occupiers have a legal duty to maintain reasonably safe conditions. This includes:

  • Regularly inspecting the property for hazards
  • Promptly repairing dangerous conditions
  • Warning visitors about known hazards that haven’t been fixed
  • Following safety codes and regulations

The exact level of responsibility varies depending on why you were on the property (customer, social guest, or trespasser), but all property owners must maintain basic safety standards.

Types of Negligence in Slip and Fall Injuries Cases

Common examples of negligence include:

  • Wet or slippery floors without warning signs
  • Uneven walkways or broken steps
  • Poor lighting in stairwells or hallways
  • Missing handrails
  • Cluttered walkways or aisles
  • Failure to remove snow and ice

Time Limits for Filing Claims

You have limited time to take legal action after a slip and fall accident. In Florida, the statute of limitations is two years from the date of the accident. In Ohio, it’s also two years.

Missing these deadlines means losing your right to seek compensation – no matter how strong your case.

Types of Compensation Available

If someone else’s negligence caused your slip and fall, you may be entitled to compensation for:

  • Medical expenses (past and future)
  • Lost wages and reduced earning capacity
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Out-of-pocket expenses related to your injury

How a Slip and Fall Attorney Can Help

Navigating a slip and fall claim can be challenging without legal expertise. Here’s how Podor Law Firm can assist:

Thorough Investigation

Our team will:

  • Return to the accident scene to gather evidence
  • Interview witnesses while memories are fresh
  • Obtain surveillance footage if available
  • Review maintenance records and past incident reports
  • Work with experts to establish how and why the fall occurred

Evidence Preservation

We’ll ensure all critical evidence is preserved through formal legal requests, preventing property owners from destroying or altering important information.

Dealing with Insurance Companies

Our attorneys will handle all communications with insurance adjusters, protecting you from tactics designed to minimize your claim. We know their strategies and how to counter them effectively.

Calculating Fair Compensation

Many victims underestimate the true value of their claim. We’ll help determine the full extent of your damages, including future medical needs and long-term impacts on your life and career.

Negotiating Settlements

Most cases settle without going to trial. Our experienced negotiators will fight for a settlement that truly reflects your damages. If the insurance company won’t offer fair compensation, we’re fully prepared to take your case to court.

Contingency Fee Structure

At Podor Law, we work on a contingency fee basis – meaning you pay nothing upfront and owe us nothing unless we win your case. Our fee is a percentage of your recovery, so our interests are aligned with yours.

FAQs About Slip and Fall Accidents

How long do I have to file a slip and fall claim?

In both Florida and Ohio, you generally have two years from the date of your accident to file a lawsuit. However, certain circumstances may shorten this period, especially if a government entity is involved. Consult with an attorney as soon as possible to protect your rights.

What if I was partially at fault for my fall?

You may still recover damages even if you were partly responsible. Both Florida and Ohio follow a “modified comparative negligence” rule, allowing you to recover compensation as long as you were 50% or less at fault (though your damages will be reduced by your percentage of fault).

How much is my slip and fall case worth?

Every case is unique. The value depends on factors including the severity of your injuries, your medical expenses, lost income, pain and suffering, and the impact on your quality of life. During your free consultation, we can provide a clearer estimate based on your specific circumstances.

How long will my case take?

Simple cases might settle in months, while complex cases could take one to two years, especially if a trial is necessary. We work efficiently to resolve your case as quickly as possible without sacrificing the quality of your representation or the value of your settlement.

Will I have to go to court?

Most slip and fall cases and personal injury claims settle out of court. However, we prepare every case as if it will go to trial. This thorough preparation often leads to better settlement offers and ensures we’re ready if court becomes necessary to secure fair compensation.

Moving Forward After Your Slip and Fall Accident – Contact us Today 

A slip and fall accident can disrupt your life in countless ways – from physical pain and emotional distress to financial hardship. At Podor Law, with over 40 years of experience in personal injury law, we understand these challenges and are committed to helping you navigate this difficult time with compassion and expert guidance.

Our team treats every client like family, providing personalized attention and unwavering advocacy throughout your case. We handle the legal complexities so you can focus on what matters most – your recovery.

Don’t face this challenge alone. Schedule a free consultation with our experienced slip and fall attorneys today. We’re available 24/7 to answer your questions and discuss your options with no obligation.

Remember, you pay nothing unless we win your case. Take the first step toward justice and recovery by contacting Podor Law now.

Sources

CDC – Falls Data and Statistics Facts. https://www.cdc.gov/falls/data-research/facts-stats/index.html
H – CUP – Injuries Resulting in Emergency Department Visits. https://hcup-us.ahrq.gov/reports/statbriefs/sb266-Injuries-Causes-ED-Visits-2017.jsp NCOA.ORG – Get the Facts on Falls Prevention. https://www.ncoa.org/article/get-the-facts-on-falls-prevention/
Florida Statute §768.0755 – Premises liability for transitory foreign substances in a business establishment. https://www.flsenate.gov/Session/Bill/2010/1224/BillText/Filed/HTML
Ohio Revised Code §2305.10 – Statute of limitations for personal injury. https://codes.ohio.gov/ohio-revised-code/section-2305.10
NOLO – Personal Injury Statute of Limitations in Florida. https://www.nolo.com/legal-encyclopedia/what-is-the-personal-injury-statute-of-limitations-in-florida.html
NOLO – Slip and Fall Accidents: Proving Fault. https://www.nolo.com/legal-encyclopedia/slip-fall-accidents-proving-fault-29845.html
National Law Review – Recognizing Hazardous Areas: Common Locations for Slip and Fall Accidents. https://www.natlawreview.com/article/recognizing-hazardous-areas-common-locations-slip-and-fall-accidents
Edgar Snyder & Associates – Slip and Fall Statistics. https://www.edgarsnyder.com/resources/slip-and-fall-statistics
WakeMed – Falls Prevention. https://www.wakemed.org/care-and-services/emergency-care/trauma-centers/trauma-survivors-network/injury-prevention/falls-prevention
American Red Cross – First Aid for Internal Bleeding. https://www.redcross.org/take-a-class/resources/learn-first-aid/bleeding-life-threatening-internal
EMC Insurance – Slip and Fall Prevention. https://www.emcinsurance.com/losscontrol/insights-d/2015/11/slipfall/