How to Prove a Slip and Fall Accident

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To demonstrate the burden of proof after a slip and fall accident, you must prove that the property owner was negligent, failed to maintain their property, and that their negligence resulted in your slip and fall accident, causing you to suffer losses.

To establish a claim, you need evidence to prove liability. Evidence must be accurate to satisfy the burden of proof. Insurance companies will often fight to minimize payouts and diminish your evidence. Meeting the burden of proof without legal assistance can be challenging, especially if you’re recovering from your accident. Hiring a slip and fall injury lawyer can help you gather the evidence needed to strengthen your claim and hold the insurance company accountable for your losses.

What Evidence Do I Need to Prove a Slip and Fall Accident?

The evidence you need to prove a slip and fall accident includes:

  • Photos of the property, from various angles, showing the negligent conditions that caused your accident
  • Photos of your injuries
  • Witness statements
  • Surveillance footage, if available
  • Medical records
  • Medical bills
  • Expert testimony

Should I Collect Witness Statements, and How?

Yes. If anyone witnessed your accident, you should obtain a statement and their contact information. If the witnesses cannot provide a statement at the time of the accident, or if you are seriously injured and unable to speak with them, at least collect their names and contact details. A slip and fall injury lawyer can contact them later to obtain their statements. These unbiased accounts can significantly strengthen your claim.

What Medical Documentation is Necessary for My Claim?

The medical documentation necessary for your claim can include:

  • Copies of your medical records
  • Statements from your treating physicians
  • Diagnostic imaging results
  • Medical bills

Your slip and fall injury lawyer can also consult with your treating physicians to understand the extent of your injuries and whether future medical care will be needed. This helps accurately calculate damages, including future medical costs, loss of earning capacity, and loss of future earnings if your injuries prevent you from returning to work.

Is it Important to Report the Incident Immediately?

Yes. Reporting the incident to the property owner as soon as possible is one of the most important steps to take. Immediate reporting establishes a direct link between your injuries and the slip and fall accident. Delays in reporting could allow the property owner or insurance company to argue that your injuries occurred after the incident.

How Do I Document the Conditions that Caused the Fall?

To document the conditions that caused the fall:

  • Take photos from various angles.
  • Use your phone to record video footage of the conditions.
  • Write down details about the accident as soon as possible to provide a clear picture of what caused or contributed to the accident.

These photos, videos, and notes will serve as evidence when you file your claim.

Should I Hire a Lawyer and Why?

Yes. Hiring a lawyer can significantly improve your chances of recovering a higher settlement. A slip and fall injury lawyer can:

  • Investigate the accident
  • Gather necessary evidence
  • Document the accident scene
  • Prove the property owner’s negligence

An attorney can handle every aspect of your case, from filing the claim to negotiating with the insurance company. While you focus on recovery, they will work to secure maximum compensation on your behalf.

Contact Us Today

If you slipped and fell on someone’s property, take legal action as soon as possible. Property owners may attempt to repair the hazardous conditions to destroy evidence. By hiring a slip and fall injury lawyer, you can ensure that an investigation is conducted quickly to preserve evidence. At Child & Jackson Personal Injury Lawyers, our experienced slip and fall injury lawyers know how to prove negligence and secure the compensation you deserve.

Contact us today to schedule a free consultation and learn more about how we can help with your case.

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Author

Erik Child

Erik E. Child is a graduate of Brigham Young University and obtained his Juris Doctorate from the McGeorge School of Law in 1998. Working as a practicing trial attorney, Mr. Child has earned a reputation for having successfully tried many cases over the years, beginning in 1999. With extensive litigation experience, Mr. Child has practiced law in California, Utah, Washington, and Nevada, in both federal and state appellate courts. Happily married, Mr. Child is the father of nine children and enjoys spending time with his family, traveling, and scuba diving.

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