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Filing a Slip & Fall Claim? Avoid These Common Mistakes


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If you’re putting together a slip and fall claim, its outcome is going to be just as dependent on the things you don’t do as the steps you do take. Personal injury proceedings are far from straightforward, and even a seemingly minor misstep today could have major ramifications several months down the road.


Put another way, it’s imperative that you avoid making critical mistakes as long as your claim is pending. Otherwise, you run the risk of jeopardizing the very foundation of your case.


Let’s take a look at some of the most common missteps that slip and fall victims tend to make, so you know what not to do:


1. Give a Premature Statement


Once they learn of your potential claim, the property owners’ insurer will probably reach out and ask for a statement. If you say anything on record that turns out to be untrue, it will inevitably give them cause to challenge your credibility.


As such, it’s best to avoid saying anything at all until your legal team has concluded their investigation and your injuries have reached maximum medical improvement. Only then can you be certain of both liability and damages.


2. Post About the Incident on Social Media


Until your case has been resolved, it’s reasonable to assume the insurance adjuster is monitoring your online activity. Even if you’ve enabled the strictest privacy settings, they may still be able to view some of your content through third-party connections.


Since there’s nothing stopping the opposing party from misconstruing what you post and ultimately using it against you, it’s wise to lay low during the proceedings. Like recorded statements, social media posts could end up giving the carrier cause to challenge some aspect of your claim.


3. Put off Seeing a Doctor


It’s not uncommon for people who slip and fall to brush themselves off and go about their day. They may not make it a point to visit a doctor the next day—or even the next week—either.


If there’s even a chance you were injured, however, it’s imperative that you seek medical care as soon as possible. You may need prompt treatment to prevent more serious complications.


Undergoing a comprehensive exam right away will also start a paper trail that links the accident to your injuries. This will make it much harder for the insurance adjuster to dispute causation during the subsequent proceedings.


Finally, visiting a doctor immediately will bolster your damages claim, since personal injury claimants are expected to take reasonable measures to mitigate losses.


Call 855-585-2969 to Discuss Your Case with a New York Slip & Fall Attorney


At Leitner Varughese, we know how devastating slip and fall injuries can be. If you were seriously hurt on someone else’s property, we’ll use all the resources at our disposal to help you hold them accountable.


We represent clients in New York City, Long Island, and throughout the rest of the state. Call 855-585-2969 or submit the Contact Form on our website to schedule a free case review with a slip and fall lawyer in New York.

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