Filing Your Slip and Fall Injury Claim

Every Step Matters More Than You Think

You’ve already been injured. You’re dealing with doctor visits, maybe missing work, and wondering who’s going to pay for all of this. 

Filing a slip and fall claim may not be the first thing on your mind, but waiting too long or filing it the wrong way can cost you big. The paperwork, deadlines, and legal details? They can be overwhelming. But if someone else’s carelessness caused your injury, you have the right to demand more than just an apology.

At Horn Wright, LLP, our slip and fall attorneys help clients throughout New York, New Jersey, Vermont, New Hampshire, and Maine file strong, strategic slip and fall claims. We know what local laws demand. We know how property owners try to dodge responsibility. And we know how to fight back.

We walk you through exactly how to file a claim that stands up and stands out. Call (855) 465-4622 today to arrange your complimentary consultation.

Start with the Basics: Get Medical Help and Report the Fall

Before you do anything else, you need documentation. If you haven’t seen a doctor yet, that’s your first step. Medical records don’t just help you recover. They prove the injury happened and establish a timeline. That matters when insurance companies try to claim you were hurt somewhere else.

Once you’ve been treated, report the fall to the property owner, store manager, landlord, or building supervisor. Ask them to create an incident report. If they won’t? Write your own notes about who you spoke to, what was said, and when. Take photos if the scene hasn’t been cleaned up yet. Every detail counts.

If your fall happened on public property, like a sidewalk owned by the city or in a subway station, you’ll need to file a Notice of Claim within 90 days. This is mandatory under New York law and missing that deadline can kill your case.

What You’ll Need Before You File Anything

Filing a claim isn’t just a form. It’s a process. You’ll need to gather the right materials and keep them organized. Having solid evidence early on keeps you from scrambling later.

• Medical Documentation. Medical records should cover every visit tied to the injury, from your first emergency trip to your latest follow-up. Keep copies of test results, diagnostic scans, diagnoses, prescriptions, and physical therapy progress. These documents create a clean, traceable line from the fall to your ongoing pain. Without this, insurers may argue your injuries were unrelated.
• Photos and Scene Evidence. Images of the exact spot where you fell can make or break a case. Try to include wide shots of the area and close-ups of the hazard—spilled liquid, broken steps, missing handrails, etc. If weather played a role (like ice or snow), screenshots of weather reports from that day help establish conditions. Photos of torn clothing or bruises can also support your injury claim.
• Witnesses and Contact Info. People who saw you fall or noticed the hazard before you were hurt can back up your version of events. Even one credible witness can force an insurance adjuster to take your case more seriously. Ask for their names, phone numbers, and brief statements if they’re willing.

Filing Against a Business, Landlord, or Private Owner

If your fall happened at a grocery store, apartment complex, or someone’s home, you’re dealing with a private party. This is usually more straightforward than claims involving public property, but that doesn’t mean it’s easy.

You, or your personal injury attorney, will submit a claim directly to the property owner’s insurance company. That’s often a commercial liability insurer or a homeowners’ insurance provider. But before you send anything, you need to be sure what you’re submitting tells a clear story.

A typical claim includes your demand letter, outlining the facts of the incident, your injuries, medical costs, lost income, and any pain and suffering damages. If your letter is vague, incomplete, or inconsistent with what their investigation turns up, expect delays or a denial.

What Happens When You’re Filing Against the City

Falls on public property come with their own rules. If you slipped on an icy sidewalk outside a public school or fell in a poorly lit subway station, your claim involves a government agency. That means different procedures and tight deadlines.

In New York, that process starts with a Notice of Claim. You have only 90 days from the date of your injury to file it. This document alerts the city (or relevant public agency) that you plan to pursue legal action. It includes details like:

• Date, time, and location of the fall
• Description of what happened
• What the city failed to do (e.g., repair, warn, remove hazard)
• Summary of your injuries

After filing the notice, there’s usually a hearing where you’ll answer questions under oath. You’ll then have 1 year and 90 days from the fall date to file the actual lawsuit. If you skip or miss any of these steps, your claim could be tossed before it ever gets heard.

How Insurance Companies Try to Undermine Your Claim

Even when you have a strong case, insurance companies will look for ways to limit your payout or avoid paying at all. They’ve seen every tactic. That’s why what you say and do during this process matters.

• They’ll Watch for Inconsistencies. If you tell one version of events in your report and a different one later, that’s a red flag. Stick to the facts. Don’t exaggerate or minimize. Insurance adjusters will cross-check every statement, and any slip-ups can cost you.
• They Might Blame You. In a comparative negligence state like New York, they only need to prove you were partly at fault to reduce their payout. That could mean claiming you wore the wrong shoes or weren’t watching where you walked. Be ready to respond with photos, witness statements, and clear explanations.
• They’ll Push for a Quick, Low Settlement. Insurers know you're under pressure. You’ve got bills piling up, maybe no paycheck coming in, and they’ll try to use that against you. That’s why their first offer is often far below what your claim is really worth. Never agree to anything without reviewing it with a lawyer.

What Compensation Can Cover in a Slip and Fall Case

The value of your claim depends on what the injury has taken from you and what it will continue to take. Compensation isn’t a windfall. It’s a way to restore what was lost and give you tools for recovery.

• Medical Expenses. You can claim emergency room bills, imaging, surgery, rehab, prescriptions, and future treatment costs. If your injuries are permanent or require long-term care, those expenses should be projected and included.
• Lost Wages & Earning Capacity. If you’ve missed work, or can’t return to the same job, you can claim income you’ve already lost and what you’ll miss in the future. Pay stubs, tax returns, and employer letters help prove this.
• Pain, Suffering & Lifestyle Disruption. Serious falls affect more than your body. You may lose sleep, cancel travel, or miss out on milestones. These emotional and lifestyle impacts are real and can be factored into settlement demands.

Filing Smart Helps You Recover Stronger

The steps you take after a fall matter. So does how and when you file your claim. Delay or missteps can lead to denied compensation or long delays. Done right, your claim can give you the financial space to recover without added stress.

Our trusted slip and fall lawyers at Horn Wright, LLP, help injured people across New York, New Jersey, Vermont, New Hampshire, and Maine build strong claims backed by real evidence. 

We don’t let property owners or insurance companies decide what your recovery is worth. We sort through the details and help you file the claim you need to move forward. Take control of your recovery today. 

Contact our office to book your free case review and let us build the claim that gets you paid, not pushed aside.