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The Importance of Evidence in Personal Injury Cases

It is possible to lose a personal injury case for lack of evidence. Victims of a slip and fall or other accident on a negligent partys property may not be able to provide substantial evidence of negligence on the part of the property owner. One common issue is the victim is either unaware that the accident must be officially documented or is too embarrassed to report it. In other instances the victim may have to leave the premises immediately to seek medical attention and cannot report it. In any situation, when the pain becomes unbearable and legal action is the next step, there may be insufficient evidence of negligence. There are a few things to consider when a slip and fall accident occurs that can preserve the sanctity of your evidence.

  • Immediately report the incident. If youve been harmed on someone elses property, find the nearest managers office or owner's headquarters.
  • If your injuries are severe or if youre in a lot of pain, call an ambulance. Getting immediate care for injuries is important for maximum recovery as well as proper case documentation.
  • Acquire the names and contact information of all witnesses to the injury. Get all the information you can; email addresses, telephone numbers, street and work addresses.
  • If you have a cell phone handy take pictures of the area where the accident occurred. Make sure to note the reason for the accident and the condition of the property. Document the condition of the hallways, steps, sidewalks, driveway or escalator and surrounding areas where the injury happened.
  • You will also need to document the injuries you received. Take snapshots of any cuts, bruises, scrapes and abrasions caused by the accident.
  • File written documentation of the accident to the proper authorities. This could be a police accident report or some other legal claim. Make sure to inquire to the appropriate legal authorities about what route to take to ensure proper evidence of negligence.
  • Write your own remembrance of the events of the accident as soon as possible. While it is still fresh in your mind, write everything down about what happened. Some things may occur to you later. Write those down as well.

Proving that there was cause for an accident, or that the property owner knew an accident could happen hinges on your proper obtaining of evidence. The photos, witnesses, and documentation you gather may be the deciding factor in the case. It can also be a life saver for someone else who could possibly fall and get hurt in the same way.

Keep in mind, the liability of the victim is always brought into question. Things like carelessness, paying attention to signage, footwear at the time of the incident, and where the victim was walking will be brought up. These factors are called comparative negligence and are most often used when determining the amount of compensation due to the victim.

Personal injury cases are expense and costly in more ways than one. They take a huge toll on the emotional well-being as well as the physical. Remuneration in court is often the only feasible way to get back to where you were before the accident.