When Can You File a Slip and Fall Lawsuit in Pennsylvania?

If you were injured in an accident involving a slip and fall or trip and fall, one of your options for recovery may be to file a personal injury lawsuit. This could help you recover the costs of medical expenses, lost wages, and even compensate you directly for your pain and suffering. Preparing everything you need for filing and trial can be difficult, especially if your injuries are severe. However, the Philadelphia slip and fall injury lawyers at The Reiff Law Firm often find the following preparation especially helpful in slip and fall cases. If you need a lawyer for your case, contact The Reiff Law Firm today for a free consultation.

Types of Slip and Fall Injuries that You Can File a Lawsuit For

Falling down may not appear to be a particularly serious accident. In reality, falling to the ground can cause severe injuries, especially if you are older or your body is more prone to injuries.

When you fall, it is hard to control how you fall. People who are overall more athletic may be able to catch themselves and control the fall in a way that protects them from injury, but the average person may not have these skills. Most people reach out their arms or try to grab onto objects to prevent their fall, but many times end up with additional injuries.

Landing on an outstretched arm is a common cause of broken arm injuries. Especially for older adults with more fragile bones, these injuries can be quite acute. Serious broken bone injuries may require surgery to set the bones. Your doctor may install pins, rods, screws, and other implants to help the bones go back into position so they can heal properly. This can result in expensive medical bills, pain, and suffering.

During a fall, your head may strike the ground or strike other objects on the way down. The force of impact can vary depending on how you fall, but any head injury has the potential to cause injuries to your brain. Concussions are a common result of these accidents. When you suffer a strong blow to the head, your brain can move within your skull and suffer bruising. More severe damage to brain tissue can cause traumatic brain injuries (TBI). TBI can mean loss of motor function, trouble thinking and remembering things, mood and personality changes, and other life-altering effects. Some of these injuries may be serious enough to require ongoing care for the rest of your life.

Falling onto your back or landing awkwardly can cause back and spine injuries. Landing on your back can break bones in your spine or throw your spinal column out of alignment. When this happens, the tissue between your vertebra (your “discs”) can become inflamed and herniated, causing serious pain. If the misaligned bones put pressure on your spinal cord, it can cause numbness, tingling, pain, or even loss of function below the point of injury. These injuries may require ongoing care to heal or reverse the injury.

Who Pays for Slip and Fall Injuries in a Lawasuit?

Bad winter weather can cause ice and snow to build up on outdoor surfaces. A parking lot, sidewalk, or the steps of a SEPTA station that isn’t properly shoveled or salted can become a sheet of ice. Falling on ice can result in serious injuries, requiring medical care, keeping you from work, and causing you serious pain and discomfort. When this happens, it is important to consider filing a lawsuit for your injuries.

One of the first issues in a personal injury lawsuit is determining who to sue. In a slip and fall case, the responsible party is usually the owner of the property where you were injured. Parking lots and parking decks are the responsibility of the property owner. Many sidewalks are the responsibility of the owner of the business, home, or apartment abutting the sidewalk. It is the duty of a property owner to ensure that the property is reasonably safe for others to use. Especially if you were using this property as a guest or customer, such as a paid parking lot customer, you should be entitled to safe travel.

Suing a property owner for your injury requires showing four elements. The first of these is proving the duty referenced above. Property owners owe guests to their property a duty to clean up or repair hidden dangers like ice. Second, you must show that the property owner breached that duty. A failure to shovel the sidewalk or salt a parking lot may constitute a breach. Third, you must prove that this breach caused your injuries. Lastly, you must prove that you have damages the court can compensate you for. Medical bills, lost wages, and pain and suffering from the injuries may constitute substantial damages you could be compensated for.

Prepping Your Slip and Fall Lawsuit

Going into a potential lawsuit, it is important to have all the facts. Always sit down and talk to an attorney about how to build your premises liability case, and what evidence is important. However, there are some things you may be able to do to gather and preserve evidence ahead of time. The following tasks can help you prep your personal injury case.

Get Medical Treatment

One part of proving your case in court will be proving what your injuries were. Having a doctor examine your injuries, diagnose any resulting conditions, and be able to make statements about your condition and recovery is important. If your doctor is willing to testify in court, this can help you prove your case to a jury. Especially if you suffered complicated injuries or conditions, such as traumatic brain injury or back and spinal injuries, a doctor can help explain the symptoms, how the injury typically occurs, and what effects the injury will have on your life now and in the future.

Take Pictures

If you can get pictures of where you fell, this can help show what the area is like. If the floor is made of a slippery material or if there were uncleared spills or snow on the surface, this can help your case. However, these pictures are best when they come from the specific day (and time) of the injury itself. If you fell and someone nearby took pictures, getting those eyewitness pictures may be a huge help. Alternatively, if you fell in a store or another location that may have security footage, this could provide real-time evidence of how you fell. Act quickly though; most security footage is routinely deleted after around 48 hours. Talking to an attorney about your case right away or asking to have the security camera footage kept safe is important.

Gather Witness Information

If you were with a friend or family member when the accident occurred, they may provide great evidence of what happened through eyewitness testimony. They may be able to discuss how you fell, how the property owners reacted, what was said, and how your treatment is going. If you suffered severe injuries, you may have lost consciousness or been swept from the scene, but a friend or family member may have seen or heard more. Additionally, other patrons in a store, people who work at the location, or passers-by may also have been good eyewitnesses who are willing to help with your case. Do not try to confront witnesses without an attorney, but do gather personal information and contact information if you can.

Keep Records

With all the information you may gather, it is important to keep it safe and together. If you can, having digital and hard copies of all information is best. Keep records of doctor visits, hospital bills, important location information, and any contact info for witnesses. If you can, keep a journal of your recovery. Describing your pain and suffering is important to get compensation for these damages, and keeping a journal of the experiences as you go along can be helpful in proving your case. Keep all of this information together in a folder, and label the folder “For My Lawyer,” even if you don’t have a lawyer yet. This may help you keep the information safe, later.

Do Not Talk About the Case

When people are injured, one of their first reactions is often to tell their friends and loved ones about it. While you can certainly explain to your mother that you were injured, try to keep yourself from telling too many details. Additionally, some people love to tell their story, even to complete strangers. It is important not to talk about pending or ongoing litigation. Many of the statements you make about what happened could come in as evidence later, and you do not know who the opposing side might want to call as a witness to the event or your statements, so keep the information to yourself. Moreover, keep all information about the case, your injuries, and your physical/mental state off social media. A picture of you smiling with friends just days after your accident could seriously undermine your injury claims.

Our Slip and Fall Lawyers Can Help

The Philadelphia personal injury lawyers at The Reiff Law Firm represent slip and fall accident injury victims throughout the greater Philadelphia area. If you or a loved one was seriously injured in a slip and fall accident, call our law offices today for a free consultation on your case. Our number is (215) 709-6940.