Copyright © 2024 Gelb & Gelb, P.C. All rights reserved.
Our goal as DC slip and fall lawyers is to maximize your compensation following an injury. Whether this is via settlement or filing a comprehensive lawsuit against the defendant, we leave no stone unturned in getting you the results you deserve. However, many clients do not contact our office until a day or two after the fall. During that time, there are crucial steps you may have missed that could have bolstered your claim. We discuss many of the common mistakes to avoid after a DC slip and fall below. Washington, D.C. has specific laws and considerations that apply to slip and fall cases, and even a small misstep could weaken your claim or prevent you from securing the compensation you deserve. This is why we always recommend calling our office immediately for best results.
By following this guide, you will avoid the most common mistakes made after a DC slip and fall. Our goal is to preserve your right to make a claim, to not do anything that reduces your case’s value, and to then build as strong of a case as possible. For example, if you fail to place the District of Columbia on notice if your claim is against the government, statute may bar your right to recovery. This is a much harsher statute of limitations than the typical rule of three years for a personal injury claim. This is one reason why consulting with a lawyer is so critical. Gelb & Gelb, P.C. offers free consultations to all injury victims.
Call our office today for a free case evaluation at (202) 331-7227.
If you are injured in a DC slip and fall, it is good practice to seek medical advice. A failure to seek medical attention may lead to unnecessary pain and suffering and worsening injury. You may experience complications in your physical recovery or permanent damage. For example, untreated fractures, head injuries, or internal injuries may not fully heal or could lead to chronic pain and mobility issues over time. Additionally, missing the optimal treatment window can mean a longer or less complete recovery. But there are drawbacks on the legal side too.
Life can get in the way of medical treatment. You may procrastinate going to the dentist or getting your annual checkup, even though you know these are necessary appointments. The same can be true if you do not seek medical treatment for your slip and fall case. It may feel inconvenient. And you may understand that you are in pain, but if you put off going to the doctor for weeks, that signals to a potential judge or jury that your injury was not as serious as you claim. Thus, the value of your injury claim will be reduced. You may have good reasons for this, such as you had to take care of your kids. However, if your injury is truly serious, you would have no choice but to go to the emergency room or doctor immediately.
This is not to say that you should go to the doctor if you are unhurt. Rather, if you are hurt, understand that procrastinating your doctor visit hurts your injury claim.
A slip and fall accident scene in DC requires documentation to have a viable case. This is perhaps the biggest mistake to avoid in a DC slip and fall case that is unique to slip and falls more than any other personal injury case type. As the plaintiff in a personal injury case, you have the burden of proof to show that the defendant is negligent. Without a photograph with a location and timestamp included, there is no telling that there was actually ever a hazardous condition. You can attempt to prove that it existed via your testimony. However, that is less convincing to a judge or jury than a picture showing that the floor was wet, and that there was no wet floor sign absolving the defendant of liability.
Failing to report the slip and fall right away goes hand-in-hand with neglecting to document the accident scene as a mistake to avoid in a DC slip and fall. Without a report of the accident to the owner of the premises, the defense exists that you may not have slipped on the wet floor at all. The defense team may raise that, sure, there was a wet floor. And yes, you are injured, likely due to a fall. However, there is no indication that you fell at their store. However, if you file a report with the store, restaurant, bar, or wherever else you may be, there is now a record of it occurring. Moreover, the defendant is now on notice in case anyone else then slips and falls.
Thirdly, and this is our experience having handled hundreds of slip and fall cases, an employee may say something useful for your case. For example, if the employee states that they had been meaning to get to that spill in aisle three, that is sufficient to establish that the grocery store was already on notice of the hazardous condition. This satisfies an element of negligence.
Often, an insurance company adjuster will reach out to you as soon as they learn of your slip and fall. They do this for a few reasons. First, they may make a very low settlement offer. They do this because some people jump at the money. However, these offers invariably do not reflect the full value of your claim. They do this to mitigate their exposure. The insurer understands that they will pay more if they wait around for you to hire an attorney.
Second, they may try to get you on record saying something that hurts your case. Even if it is untrue, they are masters at asking tricky questions that can wreck your case. Often, you do not even have to participate in the recorded statement at all. Though, there are times when you must. Thus, speaking with a DC slip and fall attorney prior to communicating with insurance adjusters is always advisable.
Social media has become a common part of everyday life, but after a slip and fall accident, posting about it can harm your case. Even if you are bashing the store where you were hurt, that may hurt our bargaining position when one incentive for the defendant is to not give them any negative press.
Further, insurance companies often inspect social media accounts for anything that can hurt your case. For example, if you say you are unable to participate in your favorite physical activity, a compensable loss, yet you are posting on social media that you are, the insurance company will use that against you. Even if your account is private, the insurance company may gain access through a fake account. Thus, it is always best to refrain from posting about your fall on social media, as this is one of the biggest mistakes to avoid in a DC slip and fall.
If you slip and injure yourself, learn what legal options are available. Call our office today for a free case consultation at (202) 331-7227.
Copyright © 2024 Gelb & Gelb, P.C. All rights reserved.