If you slip and fall and suffer an injury, you may be entitled to compensation in Minnesota. There are a number of factors that affect the amount of compensation you may be eligible to receive, and there are some things you’ll want to do after a fall to give yourself the best chance to win a compensation award. We share those tips and explain the compensation process in today’s blog.
What To Do After A Slip and Fall
Whether you slip and fall in the entryway of your office or you trip on uneven sidewalk, you are entitled to compensation in the form of workers’ compensation or a personal injury suit. At Margolis Law Firm, we can help you with either type of case, but in order to put yourself in the best position to earn compensation, you should do these things after a fall injury.
1. Get Witness Information – If others saw the incident, get their contact information so you can talk to them if you need a statement.
2. Take Pictures – Take pictures of the scene of the fall, including anything like sidewalk cracks or ice that contributed to your fall.
3. Document Your Injuries and Medical Care – Make sure you are seeking out medical assistance in a timely manner, and keep track of what the doctors say.
4. Contact a Lawyer Right Away – It’s best to contact a lawyer as soon as possible in order to explain what happened while it’s still fresh in your mind. There are also deadlines that need to be met, so the sooner you talk to a lawyer, the better.
Slip and Fall Compensation
Determining your compensation after a slip and fall injury depends on a variety of factors. For a workers’ compensation case, it is generally more straightforward. If you can prove that you suffered an injury while in the scope of your employment, you will be able to file for workers’ compensation and ensure compensation for things like lost wages, medical expenses and temporary or permanent disability.
If you were injured on public or private property, it may be a little more complicated. In personal injury slip and fall cases, there’s a factor known as comparative negligence. This factor determines your role in causing your injuries. For example, if you were walking along and slipped on some unseen black ice, your comparative negligence percentage might be 0 percent, meaning the property owner is fully at fault for not clearing off the ice.
However, let’s say there was a sign that warned of construction and you were looking down at your phone while walking when your stepped in a hole and injured your ankle. A judge may determine you were 40 percent at fault for your injuries. This means you’ll be eligible to collect 60 percent of the damages you are seeking from the other party. In other words, if the ankle injury led to $5,000 in medical expenses and other costs, the property owner would have to pay you 60 percent of that amount, or $3,000.
Finally, it’s also worth noting that you can only collect damages in a slip and fall personal injury case if you either are equally to blame for your injury or the other party was primarily at fault. This means if a judge rules that your comparative negligence is above 50 percent, you will be ineligible for a personal injury lawsuit. This is not the case for workers’ compensation slip and fall injuries.
As you can see, there are plenty of moving parts when it comes to collecting compensation for a slip and fall injury. To maximize your compensation award and ensure things run smoothly, trust your case to the lawyers at Margolis Law Firm. Contact us today for more information.