A Checklist for Preserving Evidence After a Slip and Fall in Montgomery County
In the blink of an eye, a slip and fall accident can happen. Making the right decisions immediately after suffering a fall makes a tremendous difference in a person’s ability to receive maximum compensation for their injuries.
Once the fall has occurred, the focus of a slip and fall case shifts towards ensuring that the available evidence is secured. This includes collecting medical records, medical bills, and photos of the accident scene, and requesting any video of the accident.
Having a plan and being intentional is key to not allowing potentially critical evidence to fall between the cracks. The better an injury victim is at gathering this evidence, the stronger their case becomes. Understanding what information to collect, how that information becomes evidence, and, most importantly, how that evidence can be collected provides peace of mind and clarity on how best to proceed.
How to Gather Important Slip and Fall Evidence
In the aftermath of a slip and fall, when an injury victim is likely disoriented and in pain, the gathering of evidence becomes a primary focus of a case. Treating the injuries suffered in the slip and fall is critical both on a long-term and short-term basis. That said, a victim will attend to injuries immediately, without prompting. A broken arm bone or concussion is not something that a person will ignore.
Instead, ensuring that the facts of a slip and fall are preserved is something that, in the days following an accident, may be glossed over and neglected. Taking notes of what happened in the slip and fall, the location, and anything out of the ordinary about the accident scene can help jog a person’s memory days or even weeks after an accident. Small details that would otherwise be forgotten should be written down as soon as possible.
All of this information and documentation is intended to help an injury victim prove that the premises where the accident took place are at fault. Whether the slip and fall took place at a school, hospital, grocery store, restaurant, or even a private home, this evidence plays a crucial role in establishing the elements of negligence- duty, breach, causation, and damages. Even the most injured, most credible person cannot establish these elements without evidence.
A Picture Paints a Thousand Words- Photos and Video Evidence in a Slip and Fall Case
A detailed timeline of events and a perfect recollection of the slip and fall itself may not be as persuasive when detailing fault and damages as photographs and video evidence of the accident scene. For an insurance adjuster, judge, or jury reviewing evidence, having visual evidence of where the accident took place gives the person a window into what occurred on the date of the accident.
If at all possible, an injury victim or a person with the injured individual should reach out to any person in the area before the accident. One of these persons may have photographs or video of the slip and fall. While a video or photograph is not automatically admissible into the proceedings of a slip and fall case, there are methods for authenticating and offering them into the case’s record. Witnesses and the injury victims themselves are often the best situated individuals to collect this evidence.
If no witnesses are available, an injury victim must contact the venue where the slip and fall occurred. Not only is this a good practice for filing a report and documenting that the slip and fall occurred, but also for making a formal request for photographs and video evidence. Depending upon how quickly a lawsuit is filed, a “do not destroy” request can be made so that any photographs or video of the event are kept safe.
Seeking Medical Treatment- Critical for Recovery and Evidence Retention
In some instances, injuries sustained will feel “minor.” Despite the initial feeling of an injury, it is wise to seek treatment as soon as possible. Receiving treatment from a primary care doctor or even an urgent care facility can determine if any serious injuries may not be producing a tremendous amount of pain at the moment.
Concussions and soft tissue injuries are notorious for not presenting as overly severe but can eventually reveal themselves to be quite intense as far as pain is concerned. Going to the doctor not only allows an injury victim to determine the extent of their physical issues but also documents and protects the record of their case. Receiving initial medical care soon after the slip and fall is best for solidifying a case for damages, as well.
Displaying consistent pain symptoms and then receiving appropriate care for those problems is a major part of a slip and fall case. Many people ignore pain- assuming that it will go away on its own. Any medical documentation associated with care received after a slip and fall should be organized for eventual submission to an insurance company. Those same records may become an important part of a personal injury case if a settlement cannot be reached.
Seeking Assistance in Preserving Evidence in a Slip and Fall Case
Slip and fall cases are challenging. Insurance companies are prepared to counter legitimate arguments made by individuals who have been injured due to the negligence of another person. There are many ways to negate or weaken a negligence claim. This is especially true if the injured person has no plan for preserving the evidence most central to their claim. Instead of wandering into a slip and fall case, enter the case with clarity and a plan geared towards receiving appropriate compensation.
Contact Anthony C. Gagliano, III, Esquire, P.C. for a Free Case Review
Do not hesitate to collect critical evidence after a slip and fall case. Instead, contact Anthony C. Gagliano, III, Esquire, P.C. for a free case review. A Montgomery County slip and fall lawyer who puts clients first, our team of legal professionals works with the best interests of our clients in mind.