Slip and Fall is a very common type of personal injury claim. One of the best ways to increase the chances of your case is to preserve the evidence from the day of the fall. Oftentimes, the quality of the evidence that is gathered can tip the scales in the direction of the injured party.
In most instances, adjusters and attorneys expect to see the following:
- Medical Records
- Witness Statements
- Photographs
- Police and Incident Reports
- Receipts
An important part of proving fault in a slip and fall is proving ownership, control, and knowledge of hazard.
It is important to gather evidence as soon as possible before you leave the scene of the incident. The longer you wait to gather evidence, the harder it will be to attain.
It is also important to preserve evidence. It can be difficult to do so after a slip and fall because just like memories fading over time, evidence can fade as well. Just like if the slip and fall occurred over a spill at a store, that spill would be cleaned up immediately, both to make sure no one is injured and to make it difficult for you to collect evidence of your fall. You should contact an attorney immediately so you can have assistance with preserving evidence.
Make sure you bring a camera or a cell phone to the scene of the incident. Photographs go a long way in proving your case. If your camera or cell phone has a time stamp feature, be sure to use it.
Photographs should be taken immediately after the fall of the following:
- Injuries to your body
- Damaged clothes
- The incident scene and surrounding area
- What caused the injury
- Receipts
- Business cards
Witness testimony is generally by people that do not have financial or personal interest in the case. Often times, witnesses are able to provide information that you are unable to and can be very helpful. Expert witnesses can help prove a slip and fall case by using their expert knowledge to help prove the fall was more due to negligence on the other party’s part.
Medical records are extremely important for your case. Be sure to request all medical records that are related to the slip and fall from your doctor. Even if they seem irrelevant, ask for them.
Records that are helpful include:
- Paramedic reports
- Emergency room charts
- Doctor’s and nurse’s notes
- Test and exam results
- Physician’s diagnosis and prognosis
Remember to return to the scene as soon as possible after the incident, especially if you have missed any evidence before. Observing the location can help bring back any memories or details that were forgotten. Looking over the location with new light can help bring previously unnoticed evidence out. Be sure to use your camera or cell phone to capture any new evidence.
Slip and fall cases are largely dependent on the evidence that is gathered and preserved by the injured party. If you are injured by a slip and fall incident you should contact the attorneys at Chhabra & Gibbs, P.A. immediately to help with the process of gathering and preserving evidence that will be needed in order to have the best chance of winning the case. Contact Chhabra & Gibbs, P.A. today to discuss your case by calling 601-948-8005. You can also go to our Premises Liability and Slip and Fall section to learn more.
