What Evidence Will Be Important When You File Your Slip and Fall Claim?
If you were hurt in a slip and fall accident, you may have the right to compensation for your injuries from the negligent business or property owner. However, you will need to prove the owner’s negligence. Unfortunately, some victims’ claims fail because they are unable to do this. To avoid this happening in your case, you need to act quickly to collect the types of evidence used in these cases to establish the owner’s fault and the seriousness of your injuries.
What Proof Is Typically Required in Slip and Fall Cases?
To prove the business or property owner’s negligence, you must show that they knew or should have known of the dangerous condition that caused your fall and did not take necessary steps to eliminate the hazard or warn of the dangers. Here are the types of evidence your experienced slip and fall attorney will want to collect as soon as possible:
Photographs. Photographs of the location where you fell right after your accident can establish how the scene looked at that time. You will want to obtain photos from any witnesses as well as your own to document this before the owner takes corrective actions. In addition, pictures of your injuries can be compelling to show just how seriously you were hurt if your case goes to a jury trial.
Clothes and shoes. You want to preserve the clothes and shoes you were wearing. This can help establish that your shoes were not so worn or your clothes did not create a tripping hazard if the insurance company tries to point the blame at you.
Eyewitnesses. If there were eyewitnesses, their written statements and testimony can be invaluable in corroborating the spilled liquids, debris, or another hazard that caused your fall and that no warning signs were posted. When they are people that you do not know, their statements can be even more helpful because they have no stake in how your claim is resolved.
Maintenance logs. Many businesses keep maintenance logs that show when inspections and cleaning were performed—and when employees failed to do them. Your lawyer can obtain this information through the discovery process if you must file a lawsuit because you are unable to settle your case.
Surveillance tapes. Not all property owners or businesses have surveillance tapes. However, if there is footage of your accident, you need to obtain it quickly before it is taped over or destroyed.
Medical records. You must also prove that you suffered injuries due to your fall, the cost of your medical treatments, and the severity of your injuries. Medical records will be crucial to establish this.
Expert witnesses. In most slip and fall cases, a medical expert will be necessary because your injuries are at the heart of your claim. Depending on the disputes in your case, your attorney may recommend hiring an accident reconstruction expert, economic expert, flooring expert, or others who have the qualifications to give an opinion on the disputed facts.
Slip and fall accident claims can be much more complicated to settle than you may realize. Our experienced attorneys will provide you with the skill and aggressive representation you need to reach a successful settlement. Find out more by calling our office to schedule an appointment today. Our initial consultations are free.