How to File a Slip and Fall Claim in Las Vegas – 5 Key Steps
Slip-and-fall accidents are common in Nevada, particularly in hotel casinos, grocery stores, and parking lots. Victims of a slip-and-fall accident in Nevada should take these five steps to file a personal injury claim:
Do not admit fault or say you are uninjured.
Seek medical care.
Document what happened.
Contact a Las Vegas personal injury attorney.
1. Do not admit fault or say you are injured.
Falling down is embarrassing, especially if it occurs in public. Many people are quick to blame themselves for being clumsy and brush off the incident.
But such statements as “I’m such a klutz” or “I’m fine” can come back to haunt slip-and-fall victims later if they file suit against the property owner or other at-fault parties. Even if you were partly to blame (such as by running or not paying attention), you still may be eligible for damages under Nevada’s comparative negligence laws.
2. Seek medical care.
Do not wait to see a doctor for medical attention. Sometimes falls can cause serious injuries that do not manifest until later. And these medical records will serve as invaluable evidence in an eventual slip and fall lawsuit.
Memories fade quickly. Slip and fall victims should write down and record everything they can remember about the incident, such as:
the exact time and location,
how the accident occurred,
who was there,
the state of the walking surface where the fall occurred, and
the shoes you were wearing.
4. Gather evidence
Get the names and contact information of anyone who witnessed the accident or who may have recorded it on their smartphones. And if possible, record the aftermath of the fall on your own phone and take a sample of the substance (if any) you slipped on.
Dangerous conditions that may lead to slip and fall cases include slippery floors, wet floors, torn carpeting, broken handrails, and walkways with uneven pavement.
5. Contact a Las Vegas personal injury attorney
As soon as possible following your fall, consult with an experienced slip and fall lawyer. The attorney will:
determine whether you have a viable case worth pursuing;
determine all the parties you can sue (which typically include the business owner/homeowner of where the fall occurred due to premises liability);
negotiate with the at-fault parties’ insurance company for fair compensation; and
if necessary, file a negligence lawsuit against the at-fault parties.
There is a two-year statute of limitations to file personal injury lawsuits in Nevada. This is shorter than it seems, so you should seek legal representation for your personal injury case right away.
Note that if your fall occurred at work, you may be entitled to workers’ compensation benefits to cover your medical expenses and vocational rehabilitation. But you would need to report the injury within only seven days of the incident. Learn more about job injuries in Nevada.
Have you or a loved one suffered a slip and fall? You may be entitled to financial compensation whether you have minor or severe injuries. Call our Las Vegas, NV personal injury law firm for legal advice. Our Las Vegas slip and fall attorneys fight for maximum compensation for your medical treatment, lost earnings, and emotional distress.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.