Slip and fall cases have long been the albatross of the personal injury industry. Now, with the implementation of the Florida Tort Reform Act 768.0427 it has become even more of a task to be able to successfully handle these types of cases. This starts with the victim following practical measures after a slip and fall incident occurs.
First, when the incident occurs, as difficult as it may be, it is very important that the victim document the conditions that lead to the slip and fall occurring. That means if there is liquid on the floor, they want to take pictures of the liquid before the premises staff or manager cleans it up. If there are track marks or footprints through the liquid, be sure to capture those images. Additionally, make sure to alert the store or premises manager so that they can create an incident report. Request a copy of the incident report for your own records. Please note that some stores will provide them with a copy of the report while others may not, due to their work product privilege. This is one of the reasons it’s so important to have your own documentation.
After completing the incident report, the victim should immediately get examined either at the emergency room or an urgent care facility. Be sure to recall to the medical provider every detail to paint a clear picture of exactly how the incident occurred and how it led to the injury. Proximity of the medical treatment to the injury is always something that the insurance adjuster will try to use to decrease the value of the case if it did not immediately occur.
Now, based on the injury that the victim suffered in the slip and fall, their medical provider will come up with a treatment plan to help them to get better. The treatment plan will usually begin with conservative care, such as chiropractic care or physical therapy, depending on the injury, and then graduate to more invasive care if the victim’s injury is not responding to conservative care. The type of treatment prescribed will also depend, in large part, on the diagnostic imaging results once the victim is sent for an MRL The most important thing is that the victim must remain compliant with the doctor’s orders. Failure to do so makes the attorney’s job much more difficult to relate the injury and need for care to the injury suffered as a result of the accident.
Proximity of the medical treatment to the injury is always something that the insurance adjuster will try to use to decrease the value of the case if it did not immediately occur.
Remember, although slip and fall cases can be difficult, a slip and fall victim’s case is due the same amount of vigor and aggressiveness that a car accident victim receives. It’s important that you follow the above recommendations to give yourself the best chance of success.
Michael Mills, Esq.
I.A.N.INJURY ASSISTANCE NETWORK
