According to the National Safety Council, falling accidents in the U.S. account for nearly 8.9 million emergency room visits annually. And, as you age, the chances of you falling increases.
Although often the cause of an individual falling is his or her own carelessness, or a result of a physical limitation, there are those times when a serious fall is the fault of someone else. That could include a landlord, a building owner, or the city or state you live in. If you fall as a result of another party’s negligence, you could recover damages and you should speak with an attorney who focuses on personal injury.
What To Do After A Fall
You do what you would do after a serious car accident or motorcycle accident – seek medical care immediately. If you cannot drive yourself or are too injured to be moved, make certain you or someone else calls an ambulance. If you are able, take photographs of the scene of the accident, particularly if there is an obvious object that caused you to fall. Also, if you can, make some notes as to what led up to the accident – if you cannot do this at the scene, then make notes as soon as you are physically able.
Look around you for any witnesses, and try to get their names. Again, if you are unable to do this, and someone you know is with you, have him or her ask witnesses for their names. Should this accident lead to litigation, eyewitnesses may help your case.
After you have been medically treated, make sure you follow the doctor’s advice, AND make sure to follow-up with your doctor, per his or her instructions. I will say this again: medical follow-up can mean the difference between winning or losing your personal injury case.
Proving Your Case
Proving negligence is rarely a slam-dunk. Unfortunately, the burden of proof is on you, the injured party. To begin with, you must prove that you were injured due to a hazardous condition. Then, you must prove that the landlord, owner, city or state government was aware of that hazard and chose to ignore it, rather than fix it. You also will have to prove that the hazard was something you could not have anticipated. For example, a faulty piece of pavement sticking out of the sideway caused your fall. Reasonably, you could not be expected to anticipate that.
