Common Mistakes After a Slip and Fall

Some of the most common causes of injuries on Long Island are slip and fall accidents. It doesn't matter if it's at a local grocery store, on a wet sidewalk, or on someone else's property; these accidents can result in very serious injuries.

Unfortunately, many accident victims make serious mistakes following a slip and fall accident, and these end up weakening the fall injury claim. Knowing what to do after a slip and fall accident occurs can be the difference between receiving maximum compensation and a failing legal claim.

Failing to Report the Slip and Fall Accident

One of the most common mistakes that people make after a slip and fall is not reporting the incident. Many people are embarrassed following a fall, or they assume that their injuries are minor. So, they simply leave. However, not reporting the accident can make it difficult to prove.

On Long Island, a property owner or manager is often required to complete an incident report if someone is injured on their property. Without this report, an insurance company or defense attorney may try to prove that the accident never occurred.

Victims should always notify the manager or property owner as soon as possible and get a copy of the report. It may be recommended to contact slip and fall attorneys in Long Island.

Not Seeking Medical Attention Right Away after a Slip and Fall Injury

Another serious mistake is not getting medical attention immediately. Some slip and fall injuries might not cause symptoms at first, and it might take a couple of hours or days to show up. For instance, traumatic brain injuries, spinal cord injuries, or internal injuries might be masked or take a while to develop.

If a person seeks medical care quickly, they not only can see a doctor to get their injuries examined, but it also serves as verification of the injury and it connects the injury to the fall. This helps move the legal process along.

Neglecting to Gather Evidence

It's very important to preserve evidence as much as possible after a slip and fall accident. For instance, if a victim slips on a spilled liquid, and someone then cleans it up, there is no real evidence that there was a puddle at all.

Following a fall, if possible, the victim should take photos and videos of the scene, including things like wet floors, uneven pavement, or poor lighting. It's also important to get names and phone numbers of any eyewitnesses. Witness statements are important in these cases.

Giving a Statement to Insurance Companies Too Soon

Insurance adjusters will often contact victims following a slip and fall, and appear helpful and concerned about their well-being. However, offering a statement too early can be detrimental. Insurance companies are not on the side of the victim. Their goal is to minimize payouts.

Anything said in a statement can later be used against the victim and the insurance company will use the information to pay as little as possible. For instance, a victim might unknowingly make a statement like, "I should have worn boots instead of sneakers," and the insurance company will use that to try to claim the victim was partially at fault...which ultimately lowers compensation.

Accepting a Quick Settlement Offer in a Slip and Fall Case

Another common mistake people make after a slip and fall accident is accepting a settlement offer before speaking to a skilled attorney. Following an accident, victims often face medical bills and lost income, which adds a lot of pressure. Insurance companies take advantage of this by offering a settlement quickly.

This is often very tempting, but once the settlement is accepted, a victim has no other legal rights to collect compensation...even if there are complications later.

A lawyer should look at any offer and make sure that this is the best chance the victim has for getting a fair settlement. They can also share information on common mistakes after a truck accident.

Admitting Fault or Apologizing

After a fall, many people instinctively apologize, even if they did nothing wrong. Unfortunately, statements that sound like an admission of fault can harm a legal case. Insurance adjusters and defense attorneys may use those words as evidence of liability and can advise on common mistakes after a workplace injury.

Victims should avoid speculating about the cause of the fall or accepting blame. Instead, they should focus on documenting what happened and seeking appropriate medical and legal help. Determining liability in a slip and fall case requires a careful investigation into whether the property owner failed to maintain safe conditions.

Not Following Through with Medical Treatment

Even when victims initially seek medical attention, they sometimes fail to follow through with prescribed treatments or physical therapy. This can weaken a claim by suggesting that the injuries were not serious or that the victim contributed to their ongoing condition.

Insurance companies often review medical records closely, and gaps in treatment can be used to reduce settlement offers. Attending all follow-up appointments and adhering to medical advice demonstrates consistency and credibility — both of which strengthen a personal injury case.

Waiting Too Long to Contact a Lawyer to Protect Health and Legal Rights

Time is another critical factor. Delaying contact with an attorney can lead to lost evidence and missed deadlines. In California, for example, personal injury claims are generally subject to a statute of limitations of two years from the date of the accident. While New York has its own deadlines, the principle remains the same — waiting too long can make it impossible to recover compensation.

Reaching out to an experienced slip and fall attorney early allows for a thorough investigation while evidence is still fresh. The Law Office of Carl Maltese helps clients in Long Island navigate these cases efficiently, gathering documentation, negotiating with insurers, and, when necessary, pursuing litigation.

Underestimating the Complexity of Slip and Fall Claims

Many victims assume that slip and fall cases are simple, but premises liability law is complex. Establishing fault requires proving that the property owner knew or should have known about the dangerous condition and failed to correct it. Without legal guidance, victims may struggle to gather the evidence necessary to meet this burden of proof.

An experienced attorney can assess liability, consult with experts, and identify all potential sources of compensation. The Law Office of Carl Maltese has a strong track record of holding negligent property owners accountable and securing fair settlements for accident victims across Long Island.

Contact the Law Office of Carl Maltese for a Free Consultation

For those injured in Long Island, consulting with a knowledgeable slip and fall attorney at The Law Office of Carl Maltese is one of the most important decisions they can make. With decades of experience in personal injury law, the firm provides clients with the support, guidance, and advocacy they need to recover physically, emotionally, and financially after a serious fall.