Accidents that involve slips and falls can happen anywhere, whether it’s a wet floor, an icy sidewalk, or a poorly-maintained public space. In provinces like Ontario, such accidents come under the premises liability law.
This implies that property owners can be held responsible if there’s negligence on their part. If you know what it takes to protect your rights and improve your chances of receiving fair and justified compensation.
In this article, you’ll learn about what to do after a slip and fall accidents in Ontario. You’ll explore various things, such as your legal rights on public vs private property, and how a lawyer specializing in slip and fall cases can assist you in filing a successful personal injury case in court.
What are the Common Causes of Slips and Falls?
Slip and fall injuries are often a result of unsafe conditions, whether it’s a public or private property. Here are the common causes given below:
- Wet or slippery floors that don’t have any warning signs
- Sidewalks that are either broken or uneven
- Snow-capped or icy entrances
- Loose carpeting or floor mats
- Poor lighting in hallways or stairways
- Spills on the floors inside a grocery store
These are some notable causes of a slip and fall case. Now, let’s jump into the tips for making a claim after experiencing an injury due to a slip or a fall.
How to Make a Claim After a Slip and Fall?
Here’s what you need to do to file a claim after experiencing a slip and fall:
- Seek Medical Attention:
Get yourself checked at a hospital or by a doctor to get the injuries documented. You should do so even if the injury doesn’t seem serious at first. Most importantly, you also need detailed records of every medical treatment and cost incurred.
- Document the Area of Incident:
After you meet with the accident, take pictures and shoot videos of the condition that led to the fall. You should consider adding a timestamp, if possible. Furthermore, collect the names and contact details of anyone who witnessed the accident.
You should also write down the date, time, and specific location of the fall and describe your symptoms.
- Report the Incident:
The most important thing that you need to do after meeting with the accident, after getting medical attention, is to notify the provincial authorities and the property owners about the accident.
Notify the city clerk or other provincial officials in writing within ten days. If the accident involves snow or ice, inform the property owner with a written notice within 60 days by registered email.
In case the accident was caused due to any other external factor, you need to wait for 10-60 days till the reason for the accident becomes clear. This will further help you make a well-informed legal decision.
- File Your Claim:
After everything becomes clear, you need to consult an experienced slip and fall lawyer specializing in cases. They can understand your case, gather evidence, and help in determining liability.
Furthermore, your lawyer will assist you in formally filing a civil claim. It is something that you need to do within a specific time period(usually three years, though shorter notice periods are applicable in some cases).
Actions To Avoid After a Slip and Fall Accident in Toronto
Here’s a list of things that you need to avoid after getting injured in a slip and fall accident:
- Avoid Disposing of Any Evidence Post Accident:
Keep every record of the accident, such as medical reports and other evidence of the accident. This may include pictures of the accident scene, taken with your cell phone, clothing, or footwear worn at the time of the accident, and witness statements. A lawyer will use this evidence to substantiate a slip and fall claim.
- Don’t Neglect a Doctor’s Appointment and Other Medical Requirements:
It is necessary to get prompt medical attention, as mentioned above, after experiencing an injury due to a slip or a fall, irrespective of its severity. Some injuries take time to have an effect, while others will be evident in their severity.
Furthermore, it is important to continue with the prescribed medical treatment till the injury is fully healed. Avoid missing appointments with your doctor or ignoring medical advice. If you do so, you’ll end up undermining your injury claim’s legitimacy.
- Avoid Returning to Work Until the Injury Gets Fully Healed:
Avoid getting back to strenuous physical activity or returning to work before your doctor clears you. This may end up causing further injuries, such as a slipped disk or knee injury. It will further undermine your injury claim.
- Don’t Discuss the Accident Publicly:
You should refrain from sharing details of the slip and fall accident or injuries on social media platforms. As a matter of fact, you can only share these details with family members, close friends, doctors treating you, police authorities, and your lawyer.
Furthermore, you should maintain strict privacy as much as possible until the case is resolved. You can seek guidelines from your lawyer with respect to these things to ensure thorough protection of your personal injury claims.
- Don’t Admit any Fault or Liability:
Admitting your fault or liability is the fastest way to make your claim ineffective and turn the tables against you. Statements like “I’m so sorry” or “I’m very clumsy; Of course I fell,” may finish off your liability claim.
The entire thing about filing a claim is to prove that someone else was responsible for your suffering. Even if you say “I’m fine,” your claim will be destroyed without any chance of compensation.
Furthermore, you should avoid talking to property owners or insurance companies without having legal assistance by your side, as the lawyer will help you dodge any unwanted situations with the owners and companies.
To Summarize
Getting an injury due to a slip or a fall can be very serious. If the severity isn’t that deep, it may still have a lifelong impact on your overall health. That’s why you need to take some action after suffering from such an accident, which will help you avoid further consequences.
With the abovementioned steps and things to avoid, you’ll be able to ensure fair and justified compensation that will keep you financially covered.
