A slip-and-fall accident can be shocking and painful, often leaving you unsure of what to do next. You may feel embarrassed, shaken or preoccupied with the pain.
However, in Oregon, the actions you take immediately are critical to the success of a personal injury claim. This step-by-step guide outlines an essential timeline to help protect your health and rights to compensation.
Phase 1: Immediate actions
Your health comes first. See a doctor immediately, even if you feel fine. Adrenaline can mask serious injuries like concussions, and you need a professional assessment. After ensuring your safety, you must officially report the incident.
- Find the property owner, manager, or employee, report the injury and ask for a copy of the incident report.
- Document the scene if possible with your phone. Take photos of the hazard that caused the fall.
- Take pictures of the wider area, including the lighting and any lack of warning signs.
- Get the names and contact information of witnesses.
Finally, preserve evidence, including clothes or shoes you wore. Taking these immediate steps strengthens your claim by establishing a link between the property’s condition and your injury.
Phase 2: Medical documentation
After a slip-and-fall accident, maintaining consistent medical treatment is crucial. Follow all doctors’ orders, attend follow-up appointments, and do not stop treatment early, even if you feel better. The defense can use gaps in treatment to argue that your injuries are not serious.
- Ensure your medical records clearly state that your injury resulted from the slip-and-fall incident at the specific location.
- Keep a meticulous record of every bill, co-pay, prescription and travel cost related to your injury. This documentation is the foundation of your claim for damages.
- Avoid giving any recorded statements to the property owner’s insurance company without first consulting a skilled personal injury lawyer.
Remember that the insurance company’s goal is to pay you as little as possible, so be cautious about discussing fault or the severity of your injuries with them.
Phase 3: Oregon’s legal deadlines
Oregon law establishes strict time limits for pursuing legal action. Missing these deadlines, known as the statute of limitations, will almost certainly forfeit your right to compensation.
For most slip-and-fall cases against private property owners in Oregon, you have two years from the date of injury to file a formal personal injury lawsuit. However, a critical exception exists for claims against the government.
Although the deadline may seem distant, you must act quickly. Waiting only allows critical evidence to disappear and witness memories to fade.
Get the legal guidance you need
The post-fall timeline is a race to gather evidence and meet critical, unforgiving deadlines. Prompt action in documentation and timely legal consultation are the keys to protecting your rights.
Guidance from an experienced lawyer is essential when dealing with insurance companies. Negotiating with insurers on your own is risky and could result in a denied claim or reduced compensation.