400 N Walker Ave #130, Oklahoma City, OK Phone: 405-605-2426
Understanding Slip and Fall Basics
Slip-and-fall accidents can cause serious injuries and financial losses. In Oklahoma, these incidents often result from hazardous conditions such as wet floors, uneven surfaces, poor lighting, obstacles in walkways, and weather-related hazards.
Oklahoma law requires property owners to maintain safe premises for visitors, with the duty varying based on the visitor’s status as an invitee, licensee, or trespasser (Oklahoma Statute Title 76, Section 5). Proving fault in slip and fall cases can be challenging, as you must demonstrate that the property owner owed you a duty of care, breached that duty, and caused your injury, resulting in damages.
Oklahoma follows a modified comparative negligence rule (23 O.S. § 13). If you are 50% or more at fault, you cannot recover damages. If less than 50% at fault, your compensation is reduced by your percentage of fault.
Documenting the Incident
Thorough documentation is vital for maximizing your claim value. Immediately after the fall, take photos of the location, hazardous conditions, injuries, clothing, shoes, and weather conditions (if outdoors). Gather contact information from witnesses, property owners/managers, and employees who assisted you. File an incident report with the property owner or manager and request a copy for your records.
Even without witnesses, report the incident promptly, take detailed photos, seek medical attention, and keep a personal record of the date, time, and circumstances.
Seeking Medical Care
Prompt medical attention is crucial for your health and claim. Get evaluated even for seemingly minor injuries and follow all treatment plans exactly as prescribed. Keep detailed records of medical bills, prescriptions, treatment plans, doctor’s notes, physical therapy records, and medical imaging results.
Seek medical attention immediately after a slip and fall, even if you don’t think you’re seriously injured. Some injuries may not be apparent right away, and prompt care establishes a clear link between the accident and your injuries.
Exploring Hidden Damages
When building your claim, consider all potential damages, including current and future medical expenses, lost wages and income, transportation costs for medical appointments, property damage, pain and suffering, emotional distress, loss of enjoyment of life, and household services you can no longer perform.
You can claim compensation for future medical expenses if your injuries require ongoing treatment. An experienced attorney can help you work with medical experts to accurately project these costs.
Understanding the Adjuster’s Perspective
Insurance adjusters aim to minimize payouts using tactics like requesting recorded statements, downplaying injuries, disputing liability, and making quick, low settlement offers.
To counter these tactics, avoid giving recorded statements without legal counsel, document all symptoms, follow medical advice, gather evidence to support your claim, and don’t accept the first offer without consulting an attorney.
Practical Tips for Building Claim Value
- Preserve evidence by keeping the shoes and clothing worn during the fall, saving video surveillance footage, taking photos before conditions change, and requesting maintenance and inspection records.
- Document your damages thoroughly by keeping a pain journal, tracking all injury-related expenses, and noting changes in daily activities.
- Be consistent in your statements about the incident.
- Follow all medical advice and attend all appointments.
- Consider consulting medical specialists, life care planners, economic loss experts, and safety/premises liability experts.
An experienced slip-and-fall attorney can properly value your claim (including future damages), gather and preserve crucial evidence, communicate with insurance companies, negotiate a fair settlement, and, if necessary, take your case to trial.
Understanding Oklahoma Laws
Key legal considerations in Oklahoma include the 2-year statute of limitations (12 O.S. § 95), modified comparative negligence (23 O.S. § 13), property owner duty of care requirements, notice requirements for hazardous conditions, and governmental immunity rules for public property incidents.
For slip and fall claims on government property, the Governmental Tort Claims Act sets specific notice requirements and shorter time limits. Consult with a seasoned legal professional promptly, as these cases have unique procedural requirements.
Next Steps
If you’ve been injured in a slip-and-fall accident in Oklahoma:
- Seek immediate medical attention.
- Document everything related to the incident and your injuries.
- Report the incident to the property owner or manager.
- Avoid giving statements to insurance companies.
- Consult with an experienced attorney who can guide you through the process.
An attorney can help you navigate the complex legal process, ensure you meet all deadlines, and work to maximize your compensation. Learn about potential defenses property owners might use to counter your claim and explore specific considerations for falls at retail establishments like Walmart. Discover how to handle insurance companies effectively after your accident to protect your rights and interests.