Proving a Slip and Fall Injury

Proving a Slip and Fall Injury

Injuries from a slip and fall are one of the most common types of personal injury claims today. This is primarily because it can happen anywhere, from the food court at the mall to the halls of a medical facility; place of employment or even on the sidewalk. You may find that it makes sense to file a perso qnal injury claim if you were injured from a slip and fall accident due to the negligence of another. Because slip and fall accident claims can be challenging to prove, the following outlines the details surrounding what may be needed, and why an attorney, like a slip and fall lawyer New York, NY trusts, will be vital to success.

Collecting the Right Evidence

Ensuring that you have the right evidence in place is key to proving that you have been injured from a slip and fall. One of the key factors involved is whether or not the property owner could have prevented the accident by maintaining the property better. More importantly, your attorney will need to prove that they knew about the possible hazards and did nothing to fix the issue. Making sure that you have all the required evidence will be important, this includes:

a. Photographs of the scene (this will depend on if the hazard is still present, i.e. a wet floor that is not dry may not do any good)

b. Any accident reports that were filed on the property where you were injured

c. Any notes from the doctor that could further support how the injury occurred and the impact it has had on you

d. Witnesses who were there at the time of the accident may prove to be beneficial

e. Medical expenses and bills from the injury you sustained

Why is an attorney so important?

Slip and fall cases can be tricky; an attorney can only help matters. The good thing is that because of how hard they are to prove, any attorney will need to be fairly confident to take the case on. They will be able to help you build a solid case and make sure that you have everything in place for the legal process. In most cases, insurance companies settle personal injury claims outside of the courtroom. When it comes to a slip and fall accidents, the likelihood that you will go to litigation is much higher than the norm. An attorney will be able to provide you with the following:

a. Communicate and negotiate with the insurance company

b. Provide you with representation in the event that your case must go to court

c. Help to prove that the property owner was at fault for your injury

d. Gather the details of how the injury occurred, including visiting the property

It may be challenging to prove fault without the help of an attorney. Essentially, without the right evidence it is your word against theirs. Consulting with an attorney can confirm whether or not you have enough evidence to prove a slip and fall case. Many offer first time consultations free of charge to discuss the details of your case and the best way to move forward.


Thanks to authors at Okun Oddo and Babat P.C. for their insight into Personal Injury Law.


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