The Role of Evidence in Winning Your Slip and Fall Lawsuit
We’ve all taken a tumble at one time or another. When it’s the fault of our clumsiness, there’s not much we can do other than dust ourselves off and hope that our egos aren’t too bruised. However, a serious slip-and-fall accident caused by a negligent party is an entirely different story. Some types of falls can cause severe injuries, ones that could lead to an inability to earn a living while your medical and regular monthly bills pile up.
To obtain the best possible settlement offer after a slip and fall accident, get a personal injury lawyer from Trantolo Law Firm. Don’t settle for what the insurance company says is their best offer. Let a professional negotiate the best possible settlement.
Evidence and Your Slip and Fall Case
Suppose you’ve been seriously injured after taking a nasty spill, either on public property, a retail space, or in any other place where you can legally be. In that case, the law allows you to seek compensation for your damages by filing a personal injury lawsuit. As the plaintiff, you’ll have the burden of proving that a person or entity didn’t provide a hazard-free space, their negligence caused your injury, and the injury has caused you damages. This can be accomplished by gathering evidence that proves all three.
Property owners owe guests and visitors a duty of care to ensure that their properties don’t cause any foreseeable accidents. The laws of the premises liability bind them, and can be held financially responsible for any accidents and injuries that occur on their property.
Evidence to Prove Negligence
The first thing a slip-and-fall victim needs to prove is negligence. This could be the toughest nut to crack for a few reasons. Sometimes, determining who is liable could be difficult, especially if the accident occurred in a retail space. One or more parties could be held liable. Without the help of an experienced personal injury attorney who can investigate the accident, finding the liable party could be like falling into a rabbit hole.
Typical evidence used to prove negligence can include:
- Surveillance camera footage
- Photos of the scene of the accident
- Eyewitness testimony
- Police or building management accident reports
Evidence to Prove Injury
The next thing you’ll have to prove is that you were injured. Mere bruises or muscle stiffness won’t cut the mustard when seeking compensation for a slip-and-fall incident. The responsible party, most likely an insurance company, will laugh those claims away. However, more serious injuries will be taken seriously. Victims can prove their injuries by gathering the following types of medical evidence:
- First responders report
- Medical records
- Photos of your injuries
- Medical images like X-rays, CAT scans, and MRIs
- Expert medical testimony
Evidence to Prove Damages
Lastly, victims of a slip and fall accident have the burden of proving that their injuries have caused them hardships. Injuries that haven’t resulted in financial or other damages aren’t enough to seek compensation. Victims who’ve sustained serious injuries have the legal right to seek compensation, but those hardships need to be proven no matter how obvious they may be. Evidence to prove financial hardships and other damages can include:
- Medical bills
- Medical expert testimony about the likelihood of expected future medical bills
- Receipts for any injury-related medical devices
- Medical testimony proving the need for extended medical and psychological treatments
- Loss of income and future wages, etc.
The Role of Evidence and Your Slip and Fall Settlement
As is the norm with any type of personal injury lawsuit that seeks compensation for hardships and damages, the value of your claim will depend on the nature of your accident, the injuries you sustained, and, more importantly, the strength of your evidence. Your evidence must be ironclad and indisputable to ensure that you receive the maximum compensation.
Attempting to seek compensation without a personal injury lawyer is foolish and could prove to be fruitless. Insurance company claims adjusters can easily bully victims into believing they aren’t eligible for compensation or, if they are, to take the first lowball offer. A personal injury attorney will negotiate and fight for the best possible settlement.