Free Consultation (212) 970-6500

Free Consultation
(212) 970-6500

Close this search box.

Steps to Take After a Slip and Fall Accident


If you were in a slip and fall accident that happened on someone else’s property due to their negligence, you may be entitled to compensation for your damages. If a property owner knew or should have known about a hazardous condition that they failed to repair (or warn about), they could be held liable for your economic and non-economic losses. However, there are certain steps to take to help ensure you obtain the monetary recovery you deserve. To present the best case for your claim, here are the following steps you should take:      

1. Take Photos or Video Footage

Liability typically comes down to whether the property owner or another responsible party knew or should have known about the hazard that caused the fall. Take photos or video footage of the dangerous condition that led to the accident if possible. It’s best to try to get photos from different angles, especially if the substance was liquid, which can be difficult to photograph on various surfaces.                                              

2. Get the Contact Information for Witnesses

If there were others in the area who observed the accident as it happened, obtain their contact information. Witness testimony can be crucial in a personal injury action and can help to establish the facts, prove liability, and build a strong case. 

3. Seek Medical Treatment Immediately 

It’s essential to obtain prompt medical treatment if you’ve been in a slip and fall accident. In doing so, a doctor can rule out any internal injuries you might have sustained and put you on a treatment plan that will help to prevent further damage. Importantly, you will need to continue treatment until your doctor has determined you have reached maximum medical improvement. The defense will question any gap in treatment — and they may try to argue that you are not as injured as you claim to be.          

4. Don’t Post About the Accident on Social Media

While there are certain steps you should take after a slip and fall accident, there are also some things you should not do. You should never post about your accident or your slip and fall injuries on social media. In fact, it can be best to avoid these platforms altogether while your case is ongoing since anything you post can be taken out of context and misinterpreted. For example, if you claim to have a leg injury and post photos of yourself playing sports, the defense can attack your credibility.  

5. Document Your Damages

By filing a personal injury action for your slip and fall case, you may be entitled to obtain both your economic and non-economic damages. It’s vital to keep track of your losses to be able to establish the extent of your damages. Retain copies of your medical records and bills to demonstrate your injuries, paystubs to show lost wages, and receipts for out-of-pocket costs. It would be best if you also kept a journal documenting how your injuries impacted your daily life and livelihood to help demonstrate your pain and suffering damages.  

6. Consult with a Personal Injury Attorney

It’s important to consult with a personal injury attorney as soon as possible if you’ve been in a slip and fall accident. They can help you avoid pitfalls in your case, gather the necessary evidence, and protect your rights every step of the way. In addition, once you have the representation of a personal injury attorney, the insurance company for the other side cannot communicate directly with you — all communications must go through your attorney.       

7. File a Personal Injury Lawsuit

This must usually be done within three years from the date of the accident. However, if the slip and fall occurred on property owned by a municipality, the statute of limitations is much shorter — in these cases, you have 90 days to file a Notice of Claim and one year and 90 days to file a personal injury action in court. 

Contact an Experienced New York Personal Injury Attorney 

An experienced personal injury attorney can best advise you regarding your rights and fight to recover the maximum compensation you deserve. The Dearie Law Firm, P.C. has represented premises liability victims for over three decades and provides reliable representation to secure the best possible results in each unique case. Contact us today for a consultation.