Should I notify the other party of my personal injury? 38 Answers as of September 19, 2012

Where I slipped and fell and getting bodily injury should I have notified the other party right away? If I did not and went to the emergency room that same night can I use that?

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The Law Office of Josh Lamborn, P.C.
The Law Office of Josh Lamborn, P.C. | Josh Lamborn
It is usually preferable to notify a negligent party that they caused your injury as soon as it makes sense to do so. Obviously, it is most important to get prompt medical attention prior to anything else. Once you able to notify the other party of your injury, then you should do so, this is usually done in writing, asking them to forward the claim to their insurance company. As long as you are within the statute of limitations and there the tort claim notice time period, if there is one, you should be able to pursue your claim. Finally, medical records are essential, and certainly can and should be used to prove that you were injured and that you sought appropriate treatment in a timely fashion.
Answer Applies to: Oregon
Replied: 8/6/2011
ROWE LAW FIRM
ROWE LAW FIRM | Jeffrey S. Wittenbrink
It is important that you document how, where and when any injury you have occurred, if you believe it could possibly be related to someone else's negligence. You should document, in whatever manner, how that happened, and one method is to immediately inform anyone who may be liable.
Answer Applies to: Louisiana
Replied: 8/5/2011
Barry Rabovsky & Associates
Barry Rabovsky & Associates | Barry Rabovsky
You may have a case, based upon the information that you have supplied. We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you. Thank you for your email, and we look forward to hearing from you.
Answer Applies to: Illinois
Replied: 8/5/2011
David F. Stoddard
David F. Stoddard | David F. Stoddard
It would have been helpful that you notify them, but it is not essential. You can use the fact that you went to the ER the same day.
Answer Applies to: South Carolina
Replied: 8/5/2011
Law Offices of Earl K. Straight
Law Offices of Earl K. Straight | Earl K. Straight
Failure to notify the other party right away does not invalidate your right to make a claim, but it will make it more difficult. Hopefully you have some witnesses to the fall, otherwise they may question whether you really fell or not. The emergency room visit backs up your claim of an injury, but doesn't prove you incurred the injury on their property.
Answer Applies to: Texas
Replied: 8/5/2011
    The Law Firm of Reed & Mansfield
    The Law Firm of Reed & Mansfield | Jonathan C. Reed
    The value of any personal injury claim is ultimately determined by what a jury will do with the claim if the claim goes to a jury. The defense strategy is always to try and cast doubt on the Plaintiff. Anyone can claim that their injury was caused at an earlier time by slipping and falling on someone else's careless condition. The longer you wait to notify the property owner, the easier it will be for the defense to try and cast doubt upon your claim that you fell at a particular place.
    Answer Applies to: Nevada
    Replied: 8/5/2011
    Wilson & Hajek, LLC
    Wilson & Hajek, LLC | Eddie W. Wilson
    Should have notified, but going to the emergency room is sufficient.
    Answer Applies to: Virginia
    Replied: 8/4/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    Yes notice is not really a huge issue since you got medical treatment immediately.
    Answer Applies to: Alabama
    Replied: 8/4/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes. You got treatment right away so that helps. It's good, but not required, to report your accident so that they can't say that you fell somewhere else and are trying to falsely blame them.
    Answer Applies to: New York
    Replied: 8/4/2011
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    You should notify the other party whoever that might be. If you intend to seek redress for your personal injuries, perhaps, you should consult with a personal injury attorney.
    Answer Applies to: Indiana
    Replied: 8/4/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    You should have informed the owner of the premises where you slipped and fell at the time of the slip & fall. You can use your trip to the ER as evidence of your injury, and if the ER doctor took a good history and recorded that you slipped and fell, that would be evidence of the fact you slipped and fell, but not that you slipped and fell on the defendant's premises. You need to be able to prove what you slipped on or why you slipped before the landowner can be held negligent. You need to call a personal injury lawyer right away, and they usually don't charge for an initial consultation.
    Answer Applies to: Florida
    Replied: 8/4/2011
    Dearbonn Law Offices
    Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
    You should notify the other party right away. there is a statute of limitations. you must notify theother party within the time frame otherwise you may be statute barred or the other party may disclaim responsibility for your injuries if sufficient time has passed. Please note that this is not legal advise and should not be construed as such.
    Answer Applies to: Washington
    Replied: 8/4/2011
    The Torkzadeh Law Firm
    The Torkzadeh Law Firm | Reza Torkzadeh
    You should always try to document all of your injuries and circumstances surrounding your accident. Whether you have the ability to complete an incident report, obtain witness names and statements or collect other critical evidence, it is important to preserve any and all possible support for your claim. I suggest to immediately speak with an experienced attorney who can properly evaluate your specific situation and advise you.
    Answer Applies to: California
    Replied: 9/19/2012
    The Lucky Law Firm, PLC
    The Lucky Law Firm, PLC | Robert Morrison Lucky
    It is always best to notify the alleged negligent party right away so that the scene can be documented and so that a report can be written. If you went directly to the ER and advised the provider where and how you were injured, then you may use that as evidence of where your injury occurred. Again, each case and circumstance are different and the facts control the situations.
    Answer Applies to: Louisiana
    Replied: 8/4/2011
    Oliver Law Office
    Oliver Law Office | Jami Oliver
    It is usually a good idea to notify the owner of the premises where you fell as soon as possible to document the fall and the circumstances. It is not a requirement, but it helps to avoid situations where the owner may claim you were not there or could not have fallen the way that you did. If you did not notify the owner, then you may want to run the circumstances by a lawyer to see what the next step might be, particularly if you suffered serious injuries.
    Answer Applies to: Ohio
    Replied: 8/4/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Yes, but limit your statement to the fact that you fell, were injured and have sought medical treatment. Until you know the extent of your injuries, I would play my cards close to my chest , as they say.
    Answer Applies to: California
    Replied: 8/4/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    It will be difficult to prove where you were injured if you did not report it. If there were witnesses that would help a lot. It is possible you could still bring a claim either way, but be prepared for an uphill battle.
    Answer Applies to: Florida
    Replied: 2/20/2012
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    There is no obligation to notify them until you make a claim, but it certainly could not hurt to do so. If you dont have a witness to the incident now, it wont matter whether you tell them now or later. And yes you can use the hospital records to establish how you were hurt and the date of same.
    Answer Applies to: California
    Replied: 8/4/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    Yes, you can still sue. If it has only been a short time, you could still contact them and let them know that you were injured, and give them the date. Just be careful what you say. It may be best to put it in writing. The very best idea would be to get an attorney as soon as possible to assist you with this. That way you are protected from the insurance company. We handle a number of slip and fall cases all over the state, so if you have further questions please feel free to contact us.
    Answer Applies to: Missouri
    Replied: 8/4/2011
    Allen Murphy Law
    Allen Murphy Law | W. Riley Allen
    Yes, you can and need to notify them asap.
    Answer Applies to: Florida
    Replied: 8/4/2011
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    Yes, if the report mentions the fall.
    Answer Applies to: Montana
    Replied: 8/4/2011
    Wilson & Hajek,LLC, a personal injury law firm
    Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
    Yes. If you sustain a personal injury, you need to notify the responsible party as soon as possible. The other party should then notify their insurance company. If you hire an experienced injury attorney, he or she will take care of all these matters for you.
    Answer Applies to: Virginia
    Replied: 8/4/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    You should alert the owner of the property where you were injured. You should also gather as much evidence as possible before it is lost.
    Answer Applies to: Oregon
    Replied: 8/4/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    to recover damages you must bring a claim and file suit within a certain time period; you are not obligated to give immediate notice but the sooner the better
    Answer Applies to: Connecticut
    Replied: 8/4/2011
    David Hoines Law
    David Hoines Law | David Hoines
    yes but you should talk with a lawyer first
    Answer Applies to: Florida
    Replied: 8/4/2011
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    Yes. You always want to document the event by filing an incident report. If you did not do it right away because you needed to seek medical attention, it is wise to return to the location of the incident and file a report as quickly as possible. If you have any additional questions, please let me know.
    Answer Applies to: California
    Replied: 8/4/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    It's always good to fill out an incident report at a business. It's not vital to a case however.
    Answer Applies to: Michigan
    Replied: 8/4/2011
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