How do you hold other careless or negligent parties responsible for their behavior? Find out in this slip and fall accident guide.
In criminal cases, the burden of proof is on the prosecutor and his legal team. But in a slip-and-fall case, it’s on you – the victim.
That’s why it’s important to follow a careful, thorough process if you are injured on someone else’s property.
Here’s what you should do:
- If You are Hurt, Get Medical Attention First
If you delay at all, that may tell the jury (if your case goes to trial) your injuries in fact weren’t so severe. They may think you’re exaggerating your case, or lying entirely.
Go to the ER if necessary, but definitely see your family doctor ASAP.
Discuss all injuries – major and minor. Take pictures of them as soon as possible.
- Gather Evidence about the “Dangerous Condition”
To prove liability in a slip-and-fall injury claim, you must show a “dangerous condition” existed on the property where you fell. This could be a puddle of water in a store, or icy conditions on a sidewalk.
Use your smartphone to photograph the area. Take as many photos as you need. If you don’t have a way of taking pictures, write down thorough notes about the size, shape, color, and location of the dangerous condition.
- Get Witness Information
If other people saw the accident happen, get their names, addresses, and phone numbers. They could be passers-by or store employees.
If you can’t to do this because of your injuries, call a friend or family member and have them do it for you.
- Report the Accident
Tell the landowner about what happened. But, avoid giving them an extensive statement of the entire situation for now (you could make statements that hurt the final outcome of your case later on). You’ll want to speak with a personal injury lawyer first.
- Additional Information You Need
In addition to the witness information and the evidence at the scene of the accident, make sure you get the name of the property owner, their insurance information, weather conditions, and what you wore at the time.
Keep especially accurate notes of your shoes. Safely store all clothing involved in the accident for presentation to a jury later on (if needed).
- Contact a Personal Injury Attorney
At this point, you’ve done everything you need to protect your legal rights. Now, it’s time to contact a personal injury attorney.
Most offer free consultations, so there’s no risk in finding out if you have a solid case.