If you’ve been hurt on someone else’s property in Alabama, the steps you take in the hours and days after the accident can make the difference between recovering fair compensation and walking away with nothing. Here’s what you need to know:
1. Report the Accident Immediately
Before you leave the property, report the accident to the owner, manager, or supervisor on duty. Ask that an incident report be completed, and request a copy for your records. This creates an official record that the accident happened, when it happened, and where — which matters enormously if the property owner later tries to deny that the hazard existed.
If you leave without reporting, the property owner or their insurance company may later claim the accident never occurred, that you weren’t actually injured on their premises, or that the hazard was corrected before your fall. Don’t give them that opening.
2. Document the Scene Before Anything Changes
The physical evidence of what caused your fall — a wet floor, a broken step, a pothole, a loose mat, inadequate lighting — is often corrected, cleaned up, or repaired within hours of an accident. Once that happens, critical evidence is gone.
If you are physically able to do so, take photos and video of exactly what caused your fall before leaving the scene. Photograph the hazard from multiple angles, including wide shots that show the surrounding area and close-ups that show the condition clearly. Also photograph your injuries, your clothing, and any footwear you were wearing. Get the names and contact information of anyone who witnessed the fall.
3. Seek Medical Attention the Same Day
Even if you feel like you might be okay, get checked out medically the same day. Adrenaline and shock can mask serious injuries — including traumatic brain injuries, internal bleeding, and soft tissue damage — that may not produce obvious symptoms for 24 to 72 hours. Delaying medical care creates two serious problems: it can allow injuries to worsen, and it gives the property owner’s insurance company grounds to argue that your injuries weren’t caused by the fall.
Follow your doctor’s instructions completely. Every gap in treatment becomes an argument the insurance company will make against you.
4. Don’t Give a Recorded Statement to the Property Owner’s Insurance Company
In the days following your accident, you may be contacted by a claims adjuster from the property owner’s insurance company. They may seem friendly and sympathetic. They are not working in your interest — they are working to minimize or deny your claim.
Do not give a recorded statement, do not sign any forms, and do not accept any payment without first speaking with a personal injury attorney. Under Alabama’s contributory negligence standard, even a single careless statement about where you were looking, what shoes you were wearing, or whether you saw a warning sign can be used to assign partial fault to you — which could bar your entire recovery.
Call Alabama Personal Injury Lawyers, LLC
Tracy W. Cary has more than 30 years of experience handling premises liability cases in Alabama, including this client, who was turned down by four other firms before Tracy accepted her case and won.
Alabama Personal Injury Lawyers, LLC works on a contingency fee basis: no fee unless we win. Call 205-INJURED for a free consultation.