SEP | September 30, 2025 | Personal Injury

When a slip and fall accident occurs, the moments and decisions that follow can impact your ability to recover compensation. Unfortunately, many injured individuals inadvertently damage their own cases before they ever speak with a lawyer.

Insurance companies actively look for these mistakes to minimize their financial exposure. By understanding what to avoid, you can protect your legal rights and improve your chances of receiving fair compensation for your injuries.

Key Takeaways

  • Document everything immediately. This evidence is often impossible to recreate later and forms the foundation of a successful claim.
  • Seek medical attention promptly after a slip and fall. Delays in treatment create “causation gaps” that insurance companies exploit to deny or devalue claims, while also potentially worsening your injuries.
  • Never speak with insurance representatives without legal counsel. Recorded statements can permanently damage your case, as adjusters are trained to elicit responses that minimize their company’s financial liability.
  • Insurance investigators actively monitor plaintiffs’ accounts for content that can be taken out of context to suggest your injuries are less severe than claimed.
  • Decline early settlement offers and retain a slip and fall lawyer. Initial offers rarely account for long-term medical needs or full compensation, while legal representation typically results in significantly higher settlements that properly reflect the full extent of your damages.

Table of Contents

Failing to Document the Accident Scene

Many victims, especially those in pain or shock, leave the location without collecting evidence. Without photographs of the hazardous condition, whether it’s an unmarked wet floor, cracked pavement, or accumulated ice, proving liability becomes significantly more difficult. Witness information is another element often overlooked. Bystanders who observed your fall or the conditions that caused it can provide impartial testimony, but without their contact information, this supporting evidence is permanently lost.

A slip and fall lawyer knows exactly what evidence courts and insurance companies require to establish liability. They can dispatch investigators to the scene to document conditions before they’re altered. Your slip and fall lawyer can also secure surveillance footage before it’s deleted, identify and interview witnesses, and file formal preservation of evidence requests to prevent crucial information from being lost or destroyed.

Not Seeking Immediate Medical Attention

Many slip and fall victims make the error of delaying or completely avoiding medical treatment after their accident…

Shortly after your accident, you’ll likely receive a call from an insurance representative who appears concerned and helpful…

Oversharing on Social Media

Many claimants fail to realize that insurance companies and their investigators routinely monitor plaintiffs’ social media accounts…

Accepting an Early Settlement Offer

Insurance adjusters strategically present early settlement offers before you’ve reached maximum medical improvement (MMI)…

Perhaps the most consequential mistake slip and fall victims make is attempting to handle their claim without professional legal assistance…

FAQs About Slip and Fall Cases

Are Slip and Fall Cases Hard to Win?

Slip and fall cases present challenges, particularly in establishing that the property owner knew or should have been aware…

Do Most Slip and Fall Cases Settle Out of Court?

Yes, most slip and fall cases in Ontario settle before reaching trial…

Does Homeowners’ Insurance Cover Slip and Fall Accidents?

Yes, homeowners’ insurance typically covers slip and fall accidents that occur on the insured property…

What Happens If You Slip and Fall in a Store?

If you slip and fall in a store, report the incident immediately to management and ensure an incident report is filed…

Can You Sue a Store If You Slip and Fall?

Yes, you can sue a store for a slip and fall injury if you can demonstrate that their negligence contributed to your accident…

Can I Sue My Employer for a Slip and Fall Accident?

In Ontario, workplace slip and fall accidents are generally handled through the Workplace Safety and Insurance Board (WSIB)…