Slip and fall in Massachusetts accidents happen suddenly – one moment you are walking normally, and the next you are on the ground in pain. In the shock and confusion that follows, most people are not thinking about protecting a legal claim. But the steps you take in the hours and days after a slip and fall can make a significant difference in your ability to recover compensation. Here is what to do.
Get Medical Attention Immediately
Your health is the first priority. Even if you feel like you can walk it off, get a medical evaluation as soon as possible. Many serious slip and fall injuries – including concussions, hairline fractures, torn ligaments, and herniated discs – are not immediately obvious. Symptoms of these conditions often worsen over hours or days. If you delay treatment, the insurance company and defense attorneys will use that gap to argue that your injuries were not serious or were not caused by the fall. A same-day or next-day medical evaluation creates a documented record connecting your injuries to the accident.
Report the Fall to the Property Owner
Before leaving the scene, report the fall to the property owner, manager, or supervisor. Request that they prepare a written incident report and ask for a copy. Do not sign any documents prepared by the property owner – a hastily signed statement could be used against you later. Note the name and contact information of anyone you spoke with about the incident.
Document the Scene
If you are physically able, photograph the hazard that caused your fall before it is cleaned up or repaired. Take photos of: the exact condition that caused you to fall (wet floor, broken step, ice, uneven surface); any warning signs that were or were not present; the surrounding area; and any visible injuries. If witnesses saw what happened, get their names and contact information. These people may be critical to your case.
Preserve Your Clothing and Footwear
The shoes you were wearing at the time of the fall may become evidence. Defense attorneys sometimes argue that a victim’s footwear contributed to the fall. Keep your shoes and clothing from the day of the accident exactly as they were – do not clean or discard them.
Do Not Give a Recorded Statement to the Property Owner’s Insurer
After a serious slip and fall, the property owner’s insurance company may contact you quickly and ask for a recorded statement. Politely decline. Insurance adjusters are skilled at asking questions in ways that elicit answers that can later be used to minimize or deny your claim. You are not legally required to give a recorded statement to someone else’s insurer, and you should not do so without first consulting an attorney.
Contact a Massachusetts Slip and Fall Lawyer
One of the most time-sensitive steps you can take is contacting an attorney promptly. Surveillance footage from the scene is often overwritten within 24 to 72 hours. Maintenance logs showing how long a hazard existed may be altered or discarded. Witnesses’ memories fade. An attorney can send an immediate preservation letter to the property owner demanding that all evidence be maintained – and can begin the investigation before critical evidence disappears.
At Larson Law, we handle slip and fall cases throughout Massachusetts on a contingency fee basis, meaning there are no attorney fees unless we recover compensation for you. Contact us for a free case review if you were injured in a fall on someone else’s property.