Common Mistakes After a Slip and Fall in Des Moines

Slip and fall accidents happen more than people realize. They can occur in a grocery store, on a sidewalk, or even in the workplace. Though some falls might not lead to anything but a bruised ego, others can lead to serious injuries, including broken bones, spinal cord damage, or even traumatic brain injury.

In Des Moines, and throughout Iowa, victims who have a slip and fall injury don't always realize that the actions they take in the hours and days following the injury can affect the outcome of any personal injury case.

Tom Fowler Law is a respected personal injury law firm from Des Moines. The team regularly helps clients who have a slip and fall claim navigate the steps following an accident. They can share information on common mistakes after a workplace injury. Unfortunately, many victims end up hurting their own cases by making mistakes. Before filing a slip and fall injury claim with a slip and fall attorney, it's best to be aware of the following mistakes people often make following an accident:

Common Mistakes People Make Following a Slip and Fall Accident

Not Getting Immediate Medical Attention

One of the most common errors people make after a slip and fall is not getting immediate medical care. This might be due to pride, they might not feel pain due to adrenaline, or they may not think that the injuries sustained are severe enough.

However, these delays could lead to serious consequences for both their health and their legal options.

In Iowa, it is very common for insurance companies to use the lack of seeking medical treatment immediately as "proof" that the injuries were not serious. They may also say that the injuries were not related to the fall. Any medical treatments will appear on record, and it's best to start these medical records as soon as possible following the accident.

Tip from Tom Fowler Law - Even if a person feels fine following a fall, they should get checked out. It's important to have a documented medical evaluation to strengthen a claim. This examination can uncover injuries that might develop later, such as a concussion or internal injuries.

Not Reporting the Incident Right Away

Another common error people make is failing to report the accident. If a victim fell on someone else's property, for instance, the property owner should know about it. If a victim fell in a store or shop, an incident report should be filled out.

In personal injury cases, a formal report can help to ensure the property owner doesn't dispute any of the facts of the case.

Tip from Tom Fowler Law - Any report should include the location, time, and dangerous conditions at the time of the incident. Witnesses should be included, too. Victims should always request a copy of the report and make notes while their memory is fresh.

Admitting Fault or Apologizing

Following a fall, it's natural to be embarrassed and instinctively say things like "I'm okay," or "I should have been more careful." Unfortunately, statements like these can be used against a victim when they pursue compensation.

In Iowa, which is a comparative fault state, each party is assigned a percentage of blame. If the victim is found to be more than 50% at fault, they will not get compensated at all. Even a minor admission of guilt can cause an insurance adjuster to assign more blame than necessary to the victim.

Tip from Tom Fowler Law - Keep interactions brief and factual. Don't assign any blame to anyone.

Failing to Document the Scene

It's also a common mistake for people not to document the scene following a slip and fall. Without detailed records, it makes it more difficult to get a fair settlement. This is especially the case when the slip and fall occurs in a public place. It's best to take clear photos of the scene, especially if there is a dangerous condition like a puddle on the floor. Witness statements are also important and should be documented. If the slip and fall accident occurred outdoors, weather conditions should also be documented.

Tip from Tom Fowler Law - It can be difficult to reconstruct the scene after the fact if there is no direct evidence. It could be a case of the property manager saying one thing and a victim saying another. This makes it difficult to determine the liable party.

Not Preserving Clothing or Footwear

This might sound strange, but preserving clothing and shoes, and documenting this, can be important evidence in slip and fall cases. For example, in a slip and fall case, a property owner might claim the shoes the victim was wearing actually caused the accident, or their clothes contributed to a fall. It's best to not wash clothing and not remove any scuffs, stains, or tears.

Tip from Tom Fowler Law - Small details like drops of blood on a pair of jeans or a hole in a shirt can help boost credibility and prove that a fall was serious.

Talking to the Insurance Company Without Legal Counsel

Following a slip and fall accident, it's common for an insurance carrier to contact the victim on behalf of the property owner. Though it might sound helpful, the goal of the insurance company is to offer a settlement offer that is lower than it should be. It's best to never accept a settlement or give a recorded statement without the advice of an attorney. They can also advise on common mistakes after a truck accident.

Tip from Tom Fowler Law - Many insurance companies will low ball victims of slip and fall accidents to avoid a lawsuit. The best chance at getting the best possible outcome is to work with a lawyer to recover damages. For more information, these slip and fall attorneys in Des Moines may be able to help.

Posting About the Accident on Social Media

It's best to not post anything about the accident on social media. Even if a family member posts photos or comments about the fall, it can get back to the insurance company, and they can use that as "evidence" that injuries might not be as severe.

Tip from Tom Fowler Law - Posting about an accident on social media is one of the biggest mistakes a person can make. Defense attorneys and insurance adjusters often scour social media for information about the case.

Delaying Contacting a Slip and Fall Lawyer

Following a slip and fall accident, there is a statute of limitations in Iowa of two years. However, even waiting a couple of weeks can make it more difficult to get evidence and build a case.

Tip from Tom Fowler Law - Getting in touch with a legal team quickly is just as important as getting medical help immediately. Early legal intervention can help with preserving video footage, interviewing witnesses when their memory is fresh, and obtaining maintenance records or previous complaints.

Not Following Through with Medical Treatment

Some people feel like they can simply go to the doctor one or two times and then stop. For many injuries, a doctor might recommend physical therapy, a specialist appointment, or other intervention. It's very important that victims of slip and fall accidents follow through on this.

It's possible that a lawyer or insurance company could say the victim wasn't really injured or that the condition was made worse because the victim was negligent.

Tip from Tom Fowler Law - Work with a reputable doctor and keep records of receipts, prescriptions, and appointments. The better the paper trail, the higher the chances of higher pay in a case.

Assuming They Don’t Have a Case

Finally, many people believe they don't have a case because the fall was "their fault," or because they were not seriously hurt. However, those who fall have legal rights. It doesn't matter if they got hurt at a gas station, a restaurant, while walking down the sidewalk, or at someone else's home, they have the right to seek compensation.

Tip from Tom Fowler Law - Those who have suffered a slip and fall accident should speak with an attorney quickly. Most offer free consultations, so victims don't have to spend money to find out if they have a case.

When to Call a Des Moines Slip and Fall Attorney Following a Fall Injury

Tom Fowler Law works with clients in Des Moines, across Polk County and beyond. The firm has built a reputation for aggressive advocacy and personalized legal support.

Those who have experienced a slip and fall in a store, parking lot, workplace, or on private property, shouldn't wait. Call Tom Fowler Law for a free consultation. The sooner a victim gets help, the more likely they are to recover the compensation they deserve.

A slip and fall accident can be life-changing — physically, emotionally, and financially. Unfortunately, the most common mistakes made after these accidents can reduce or eliminate the chances of getting compensated. Victims often make several common mistakes, which makes it even harder.

Those in Des Moines or the surrounding area, shouldn't make those mistakes. Instead, they should trust the experienced personal injury attorneys at Tom Fowler Law to guide them through the legal process and fight for the justice they deserve.