Step-by-Step Guide to Documenting a Slip & Fall Accident in Alabama

If you were recently injured in a slip and fall accident in Alabama, you may be able to strengthen your claim with solid evidence. However, you might be confused about your legal rights or how your documentation affects your legal claim. An experienced slip and fall lawyer from Siniard Law, LLC can help.

Our accident attorneys understand how confusing these claims can be and can guide you through the legal process. Here is everything you should know about documenting a slip and fall accident in Alabama.

How Documentation Affects Your Claim

Personal injury victims have the right to seek financial compensation for their medical expenses, lost wages, pain and suffering, and other types of damages they have suffered. However, your ability to recover compensation for damages depends on your ability to document your accident claims. As the plaintiff, you have the burden of proving each element of the case by the preponderance of the evidence, meaning that the facts are more likely than not as you allege.

Your documentation may be able to prove the following:

Legal duty of care – Your documentation may show that the property owner or lessee had a legal duty to prevent the slip and fall accident and to maintain the premises.
Breach of duty – You may be able to show the premises owner breached their duty to maintain the premises through solid documentation, such as photographic evidence showing dangerous conditions that led to the accident.
Causation – Your documentation may help establish the link between the accident and your injuries. Physical evidence, such as the clothes you were wearing, may help create this link.
Damages – Finally, documentation may be able to show the full extent of your injuries.

Experienced premises liability attorneys understand the value of strong evidence and can help obtain it.

At the Scene: Immediate Steps

Personal injury claims begin at the time of the accident. The moments you take immediately after the slip and fall accident can have a profound impact on your ability to recover compensation.

Here are the immediate steps you should take at the time of the accident:

Report the Incident

Even if you think the slip and fall was not that serious, you will want to immediately report it to those in control. This can help them secure the scene and prevent others from being similarly injured. It can also help to create a record of the incident, which you will need to support your accident injury claims. Ask the business owner or other responsible party for their insurance information.

Document the Scene

Do your best to document the scene. Ask for a written report of the accident. Write down the names of witnesses. Your lawyer may be able to contact them later to obtain valuable and objective witness statements to support your injury claim. Make a note of any surveillance cameras or other technologies that may have recorded the incident.

Take Photos

If possible, use your cell phone to take pictures of the accident scene. Photograph the scene, the lack of warning signs, any hazardous conditions that may have contributed to the accident, and your injuries.

Gathering and Preserving Evidence

An experienced personal injury lawyer can conduct a thorough investigation into the accident to gather and preserve evidence. This could include:

Notes you wrote after the accident about dangerous conditions that may have contributed to the accident
Interviews with witnesses
Surveillance footage
Business records
Maintenance records
Inspection reports
Official incident reports

You should also keep the clothes and footwear you had on at the time of the accident. They may contain crucial evidence that may be able to show what caused the slip and fall and how long it was present.

Medical Attention

Seek medical attention immediately after the accident. You might not realize just how severe your injuries are. Common fall-related injuries may include:

Traumatic brain injuries and other head injuries
Spinal cord injuries
Broken hip or pelvis
Dislocated or broken bones
Slipped discs
Broken legs, hands, feet, or wrists
Whiplash and other soft tissue injuries
Internal bleeding
Other physical injuries

Sometimes, in the moment, accident victims may not realize they have suffered serious injuries, so it’s best to seek immediate medical care so that your injuries can be properly diagnosed and treated. A delay in medical treatments could complicate your condition or reduce your ability to recover fair compensation for your injuries.

When speaking to your healthcare providers, mention the accident so they can include this important information in your medical records. Keep all of your doctor’s notes, medical bills, lab results, diagnostic test results, and other medical documentation of your injuries. Ask your personal injury attorney if you should keep a pain journal regarding your daily pain and other symptoms related to your injuries.

In some cases, a skilled attorney may hire medical experts who can assess you and explain how the injuries will likely affect your future. Keep all of their reports in a safe place to use in your personal injury case.

Official Documentation

Keep official documentation, such as a police report or accident report in a safe place. You will also want to keep all records related to your injuries and damages you can recover, such as:

Medical bills that show the types of medical treatments you received due to your injuries
Medical records indicating your need for additional medical care
Pay stubs and other employment records that show your lost wages
Daily journal entries regarding your pain and suffering
Estimates to address property damage you sustained in the accident, such as a receipt for a new phone
Receipts for paying any out-of-pocket expenses related to your injuries

If you have any written communications from the insurance company, keep that, too. Provide your personal injury attorney with this valuable information so that they can prepare a solid demand package on your behalf. This letter can explain how the slip and fall occurred, why the defendant is responsible, and the compensatory damages you are entitled to.

Follow Up

Your health is the top priority. Keep all of your medical appointments. Follow your doctor’s medical advice, including restricting your work while you recover from your injuries. You have a legal duty to mitigate your damages or prevent your injuries from getting worse. Show the insurance company you are serious about your health by following all of your doctor’s orders.

How to File a Claim

Most accident claims are resolved through an out-of-court settlement, often with the insurance company that provides liability insurance to the defendant. If the accident happened on private property, this may fall under homeowner’s or renter’s insurance. If the accident happened on commercial or public property, this could fall under the establishment’s general liability policy.

If you requested the insurance information for the business owner or other responsible party, you can contact the company to report the incident and begin the process of making an insurance claim. The insurance company will assign an insurance adjuster to the case to review the incident, determine if insurance applied, and estimate the value of your

Under Alabama law, you have two years from the date of the accident to file a personal injury lawsuit. This is an important deadline to keep in mind. If it passes and you have not resolved your case or taken legal action, the defendant can file a motion to dismiss any subsequent case you file. Protect your right to fair compensation by contacting an experienced attorney.

Handling Insurance Claims

The way your insurance claim is handled directly impacts the potential compensation you can recover for your injuries. This process is best left to legal professionals with a strong understanding of premises liability law. Insurance adjusters are trained to minimize the value of claims by using tactics such as:

Insisting on receiving a recorded statement before investigating the claim
Trying to get you to say that you did not suffer a severe injury on the record
Claiming that your medical treatments were not necessary
Trying to shift the blame to you so that Alabama’s harsh contributory negligence rule applies and you are barred from recovering any financial compensation
Getting you to sign blanket medical release forms to find a pre-existing injury to blame your current injuries on

Our legal team can protect your interests by handling the insurance claims process for you. We can provide valuable insights and legal advice tailored to your particular situation so you can make informed decisions at every phase of the case. We can build your claim with detailed records that demonstrate all liable parties. We can argue that the property owner should have taken reasonable steps to prevent the accident, conduct regular inspections, and identify potential hazards so you would not have been hurt. Our meticulous documentation can underscore your financial losses and the legal doctrines supporting your claim for compensation.

Contact an Attorney

If you slipped and fell on someone else’s property in Alabama, you may have the right to recover compensation for the losses you suffered. However, insurance companies do not make this easy for personal injury victims. A skilled attorney can explain your legal rights, accurately assess your damages, and fight for the maximum compensation you deserve.

Siniard Law, LLC is ready to help you with every stage of your case. Our experienced personal injury lawyers are nationally recognized by The National Trial Lawyers Top 100, AV-Preeminent Lawyers by Martindale-Hubbell, Best Lawyers, and Justia 10.0 Lawyer Rating. We can discuss how we can help when you call for a free case review. Contact us today for your free and confidential consultation.

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