It is always in your best interest to retain an experienced slip and fall attorney after suffering an injury from falling. However, your case could be at risk even before you make the call. There are a number of mistakes to avoid in a Memphis slip and fall case, and Board-certified lawyer David E. Gordon can help ensure that your claim remains on solid legal ground.
Failing to Report the Incident
There are several mistakes that people in Memphis make after they are hurt in a slip and fall. The first mistake they make is failing to report the incident, which might happen because they are embarrassed about their fall and are anxious to leave the premises as soon as possible. Unfortunately, this rush to escape leaves behind much of the evidence.
It is almost impossible to succeed on that claim without photographs, witnesses, or an official incident report, even though the person may have been injured badly. It is not uncommon for individuals to leave the scene without realizing that they are injured, such as a traumatic brain injury or a disc injury to their back, which could take some time to manifest. With the absence of evidence showing the incident, they are unlikely to succeed in a legal claim.
Do Not Give Recorded Statements
A second mistake that people injured in slip and fall accidents make is giving a recorded statement to the business owner’s insurer. The insurance company will call the person soon after the accident to get that person’s version of what happened. The insurance representative is hoping to get information which they can use to deny their own liability. They are hoping that the person who fell is unsure of the reason for their fall, has no photographs of the area in which they fell, and is not aware of any witnesses to the accident.
If an insurance representative can get these kinds of statements from the injured person, they will deny the claim and close the file, regardless of how bad the person was hurt.
Proving Liability
The average person in Memphis may not realize that to recover compensation they have to prove more than the fact that they got hurt on another person’s property. Many people think that getting hurt on another’s property renders the owner automatically liable. However, they must prove that they were hurt as a result of a dangerous condition, and that the condition was created by the owner, or was known by the owner and not alleviated.
These legal barriers are tricky to navigate, which is why contacting a Memphis lawyer right after a slip and fall is the best thing to do to avoid mistakes and preserve a potential legal claim.
Having an attorney like David is critical to establishing liability. Business owners and their insurance companies are not quick to take responsibility for injuries on their property. In fact, their first choice is usually to deny any kind of liability in the hopes that the injured party will not want to file a lawsuit. An injured person should not take this at face value and instead seek legal guidance.
Avoid Mistakes in a Slip and Fall by Retaining a Memphis Attorney
If you are not careful, you could weaken your lawsuit before it even has a chance to get started. In the event that a slipping incident may have caused injury, be sure to document the scene and call the Law Office of David E. Gordon immediately. If you avoid these mistakes in a Memphis slip and fall case, you will be in a better position to recover compensation.
