5 Things You Should Never Do in the First Hour After a Fall

The biggest mistakes to avoid right after a fall are brushing off your injuries, leaving without a written report, skipping photos and witnesses, admitting fault, and discarding your shoes. Each one can hide an injury or weaken a claim.

Adrenaline is a poor judge of damage. People stand on a swelling ankle and say they are fine, then wake up the next day unable to walk. The first hour matters because the choices you make at the scene can follow your claim to a settlement table or a courtroom.

Never Brush Off Your Injuries

Get checked even if you feel fine. Some injuries, including concussions, can show symptoms hours or even days later.

If you hit your head or have severe neck or back pain, have someone call 911 before you move. Otherwise, go to an emergency room or urgent care the same day. Tell the provider exactly how you fell and list every place that hurts, even the small ones. A medical record created right away also ties your injuries to the fall, which matters later. Waiting weeks gives an insurer room to argue something else caused the pain. Read more about head and brain injuries and how they can develop.

Never Leave Without a Written Report

Ask a manager or building supervisor to write an incident report, and ask for a copy. A spoken apology disappears, but paper does not.

Write down the name and title of the person who took the report. If they refuse, note the time and who refused. If you can, take a photo of the area where the report was made. A written record can later show the owner knew about the fall, which helps counter a claim that nobody ever reported it. Our page on store slip and fall cases in Chicago explains why this matters.

Never Leave the Scene Undocumented

Take photos and videos before anyone cleans up. Then collect witness names and phone numbers.

Capture a wide shot and a close-up of the hazard, such as a spill, a loose mat, or a broken step. Photograph the lighting and any warning signs, or the lack of them. Note the time to the minute and look for cameras, then ask the owner to save the video. A hazard that looks minor in your memory can look very different in a photo taken before the mop arrives. Our page on evidence in slip and fall cases lists what else helps.

Never Admit Fault or Give a Recorded Statement

Describe what happened in plain facts, and stop there. Don’t guess, apologize, or say you weren’t looking.

Illinois assigns a share of fault to everyone involved. You can recover only if you were no more than 50% at fault, and your share reduces what you receive. An insurance adjuster may call within hours and sound friendly. Their goal is to limit what the company pays, so decline a recorded statement until you have spoken with a lawyer. You can say you are not ready to give one. At Slip & Fall Injury Lawyers, we can handle those calls for you once you hire us.

Never Throw Away Your Shoes or Clothing

Bag them, label them, and leave them unwashed. The other side may blame your footwear.

A defense lawyer might say ballet flats or worn soles caused the fall. Shoes that were in good condition can answer that. Do not repair them, clean them, or wear them again. The same goes for a torn coat or broken glasses, because damage can show how hard you landed.

First-Hour Fall FAQs

Legally Reviewed By
Attorney Jonathan Rosenfeld

The information on this page has been legally reviewed by Attorney Jonathan Rosenfeld, founder and managing partner of Rosenfeld Injury Lawyers LLC, a Chicago-based personal injury law firm. With decades of experience representing individuals injured in slip and fall accidents and other premises liability cases throughout Chicago, Mr. Rosenfeld is dedicated to protecting the rights of injury victims and helping them pursue the maximum compensation available under the law. His extensive legal knowledge and commitment to client advocacy ensure that the information provided is accurate, reliable, and aligned with current legal standards.

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