Accidents on another person’s property can happen when you least expect them. From slip and falls in poorly maintained walkways, injuries caused by broken railings, or inadequate security, these incidents fall under what is known as premises liability.
In the confusion that follows, many victims make mistakes that not only put their health at risk but also weaken their ability to pursue fair compensation. Understanding what not to do after a premises liability accident is just as important as knowing the right steps to take.
This article will walk through the most common mistakes and how a Boca Raton premises liability lawyer can help you avoid them.
Not Seeking Medical Care Immediately
After a premises liability accident, one of the most damaging mistakes is failing to get medical attention right away. Delaying treatment not only risks your health but also makes it harder to prove the accident caused your injuries.
Your doctor will diagnose all your injuries, giving your treatment plan a higher chance of success. In addition, your medical records can clearly link your injuries to the premises liability incident that caused them so that insurers can’t argue you sustained them elsewhere later.
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Failing to Report the Accident to the Property Owner or Manager
Another critical mistake is walking away from the scene without officially reporting the accident. Whether it happens in a store, apartment complex, parking lot, or office building, notifying the property owner or manager creates an important record. Without this step, the responsible party may later deny that the incident ever occurred.
When reporting the accident, it’s important to:
- Notify the property owner, landlord, or on-site manager immediately about what happened.
- Request an incident report and, if possible, obtain a copy for your records.
- Write down details, including the time, location, and hazardous condition that caused the accident.
This simple step not only supports your medical and legal case but also helps ensure the hazardous condition is addressed before it harms others.
Not Preserving Evidence
In many premises liability cases, the dangerous condition that caused the accident is quickly repaired or removed once an incident occurs.
A spill is mopped up, a broken railing is fixed, or lights are replaced, leaving little proof of what happened. Failing to preserve evidence in the moment can make it far more difficult to prove negligence later.
If you are physically able to, take photos or video of the accident scene. Focus on what caused the accident, such as exposed wiring or a spill on the floor.
You should also photograph the surrounding area to show any caution signs that were present or absent. If there were witnesses, ask for their contact information.
Thorough documentation strengthens your case and makes it harder for a property owner or insurer to deny responsibility.
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Speaking to Insurance Adjusters Without an Attorney
After a premises liability accident, you may hear from an insurance adjuster representing the property owner. Talking to them without legal guidance can put your claim at risk.
Their questioning may lead you to admit some level of fault, or they may try to minimize your injuries during the conversation. You may also feel pressured to accept a settlement that is lower than the actual value of your losses.
By consulting a personal injury lawyer before speaking with insurers, you ensure your rights are protected and that your claim reflects the true impact of your injuries.
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Posting About the Accident on Social Media
In today’s digital world, sharing updates online feels second nature, but after a premises liability accident, posting on social media can seriously hurt your case.
Insurance companies and defense attorneys often review public profiles, looking for posts that contradict injury claims. Even harmless updates about your life can be taken out of context, as an insurer may claim it’s proof that your injury has healed.
The safest approach is to limit or pause posting altogether until your case is resolved. Protecting your privacy also protects the strength of your claim.
Overlooking the Long-Term Impact of the Injury
Premises liability accidents can cause injuries that last far beyond the initial recovery period. Victims may face chronic pain, limited mobility, traumatic brain injuries (TBI), or emotional struggles that affect daily life. A common mistake is to assume that once the immediate pain subsides, the accident is behind you.
The reality is that many injuries have long-term consequences, such as:
- Ongoing medical treatment, including physical therapy or surgery
- Reduced earning capacity if you cannot return to the same type of work
- Diminished quality of life from limited activities or chronic discomfort
Failing to consider these future impacts can lead to settlements that don’t cover the full scope of losses. Recognizing the potential long-term effects ensures your claim seeks fair compensation that addresses both present and future needs.
Waiting Too Long to Contact a Lawyer
Time is critical in a premises liability case. Evidence can quickly disappear, as hazards may be fixed, security footage erased, or witnesses become harder to locate.
Waiting too long to hire a lawyer not only makes gathering evidence more difficult but can also put you at risk of missing strict legal deadlines.
Every state sets a statute of limitations, which is the time limit for filing a lawsuit. For example,
- Massachusetts: Generally 3 years from the date of the accident under Mass. Gen. Laws Ch. 260 § 2A.
- Florida: Recently shortened to 2 years for most negligence cases, including premises liability claims, per Florida Statutes § 95.11.
Missing these deadlines could mean losing your right to seek compensation entirely. Consulting a lawyer as soon as possible helps preserve evidence, ensures your case is filed on time, and allows you to focus on healing while your legal team handles the details.
Contact GED Lawyers About Your Premises Liability Claim Today
A premises liability accident can turn your life upside down in a matter of moments, leaving you with painful injuries and financial stress. In the aftermath, simple mistakes can jeopardize both your recovery and your right to compensation.
Avoiding these pitfalls is essential to protecting your health and building a strong legal case. A premises liability attorney can take on the legal process for you.
The attorneys with GED Lawyers understand the challenges victims face after a premises liability accident and are committed to fighting for the compensation and justice you deserve.
We’re available for evening and weekend appointments, and we work on a contingency fee basis, so everyone has access to legal representation. If you or a loved one has been injured, don’t wait. Contact GED Lawyers today for a free consultation.
