Taylor King Blog
Everything You Need to Know About Slip and Fall Cases
When you want to begin the process of settlement for your slip and fall injury, you need to notify the store, government department, mall, or restaurant where you were injured. Simply notifying by email will not be enough, since it needs to be official. You will have to send a certified letter with Return Receipt Requested.
Here are some tips for writing this notification letter using the right phrases and words:
1) Do not use the word “accident” in the letter, as it would imply that it was not anybody’s fault. Instead, use the word “incident.” For instance, if you slip and fell because the store had allowed water to accumulate on the floor, then it is not an accident. Hence, you need to use the word incident to document the occurrence.
2) Rather than using phrases such as “you are at fault” or “the owner is guilty of allowing the water to accumulate,” use phrases like “you are culpable for allowing water to accumulate” or “the owner’s culpability is clearly seen by the occurrence”.
3) Additionally, there is a difference between “negligent” and “culpable.” Refer to the owner’s “negligence” as the direct cause of your injuries. It is not your fault this happened. Even if you had the best boots or all terrain shoes that are available that floor was still a hazard. And you should not have to wear the best shoes with the best traction that sells on the market while walking through that lobby or aisle.
4) Instead of using the phrase “Because of what occurred…” make a statement “As a direct result…” For instance, you could write, “As a direct result of the owner’s negligence in allowing the water to accumulate, I slipped and fell, and suffered these injuries.”
5) You may be entitled to compensation for effects such as pain, anxiety, or depression that you might have suffered due to your injuries. Emotional suffering and depression are real damages, and you should refer to them as “pain and suffering” or “mental anguish” in your letter. Similarly, if your injury has left you incapable of having intimacy with your partner or spouse, you could refer to it as “loss of consortium.”
