If you are pursuing a slip and fall claim in Toronto, it is
important that you know your rights and act immediately. One of the most common
mistakes that slip and fall victims make is not gathering evidence in a timely
manner. Often, if someone is hurt, they try to put off collecting evidence
about the nature of their injury such as documenting the scene of the fall.
Unfortunately, the longer you wait to collect evidence, the more likely it is
to be covered up, fixed, or cleaned, before you can provide evidence of
negligence beyond a reasonable doubt. If your fall was the result of a wet
floor without the presence of proper signage, the spill may be mopped up almost
immediately after or a sign could be put in your place after you have left the
premises. In instances such as these, it will be very difficult to provide
evidence of negligence after the fact. Here are some immediate
steps you should take in the event of a slip and fall accident.
Step 1: Seek Medical Attention
Immediately
If you have fallen and have been seriously
injured as the result of the negligence of another party, one of the most
important steps you can take is to seek medical attention immediately. If any
medical diagnosis or treatments are administered,
be sure to ask your doctor for the proper documentation. In possible, write
down the names of the medical professionals who assist you throughout the
recovery process. Seeking immediate medical attention strengthens the burden of
proof and provides tangible evidence of the nature and extent of your injuries.
Failing to seek medical attention or refusing medical attention at the scene is
likely to be seen as a sign that your injuries were not very serious. Since the
recovery process can be ongoing, it may take months before the true impact of
your injury is known, which makes documenting the recovery process an absolute
necessity.
Step 2: Retain As Much
Information And Evidence From The Scene As Possible
Try to provide photographic evidence of both the injuries
you sustained and the scene where the accident took place. If you are unable to
take a picture yourself, ask for some assistance from the people who witnessed
your fall. Also, be sure to take down
the contact information of those who witnessed your fall to serve as future
evidence
Step 3: Inform The Owner
Of The Property That You Have Fallen And Have Been Injured As A Result
Inform the property owner or defendant that a slip and fall
accident has occurred on their premises. If the fall occurs in a place of
business where the owner is not available, contact a manager or even a general
employee to help pass the message along. In some instances, you may be required
to notify the property owner that you intend on pursuing a claim within 7 days
of your accident. For example, if you fall on public property that is owned by
the city or municipality, this seven-day window applies. If you do not contact
the municipality within the allotted time frame, you will be unable to recover
damages regarding your claim.
If you are pursuing a slip and fall claim in Toronto, it is
important that you take the aforementioned steps as quickly as possible. Action
may be required as quickly as one week after the accident. If you have become
the victim of someone else’s negligence, the best decision you can make is to
seek legal representation from an experienced personal injury lawyer. This will
ensure that your rights are protected and that your claim is filed and settled
in the most timely manner possible, allowing you to get back on your feet in no
time.