Anyone who is hurt in a slip and fall accident should reach out to The Stano Law Firm to discuss whether they can file an injury claim. Various hazards on the floor cause a person to lose their footing, sending them to the floor. At our firm, we know that evidence is critical to any injury claim for compensation. Contact our office to speak with a Texas personal injury lawyer. Below, we highlight important evidence in these cases.
Understand What You Need to Prove
The fact that you fell to the ground is not sufficient reason to win a personal injury claim. Instead, victims need to prove the property owner was liable for the accident. Typically, this means showing they created the hazard or knew it existed and did not fix it. Sometimes, a property owner only needs to warn a visitor of a hazard the owner knows about.
Furthermore, a property owner is not responsible if you trip over your own feet or confront a known hazard. For example, a store owner might tell you, “Careful, the floor is wet!’ If you choose to run across the floor, you are assuming the risk you might fall.
What Evidence to Preserve after a Slip and Fall Accident
Photographs
Photograph the hazard which caused you to fall. Did you slip on a puddle of water or some ice which fell from an ice machine? Did you slip because the carpet was worn to the threads or because the staircase you walked down is crumbling?
Get a picture. The property owner might not believe you really slipped on a hazard, and their insurer will want proof. Nothing is more powerful than a photograph of the hazard as it existed when you fell. Did someone drop a jar of pickles in the grocery store, and you slipped on the juice? Take out your phone and get a picture or ask someone to photograph the hazard for you.
Witnesses to the Accident
Speak to witnesses. Witnesses can also testify to what happened. Maybe they saw you slip on a hazard, or they can testify about how long it was on the floor. One issue that arises is whether the property owner should have known that there was a slip and fall hazard. If not, they might not be liable for your fall. But when a hazard exists for a long time, then the property owner should inspect the premises regularly, if they invite people to enter.
Medical Records
Go to the hospital to document your injuries. Many people suffer serious injuries when they fall, including:
- Neck fracture
- Skull fracture
- Whiplash
- Concussion
- Pinched nerves
- Facet injuries
- Back injuries
- Herniated discs
- Broken arm
- Dislocated shoulder
X-rays and doctor’s notes help show you were really hurt in the fall. We can also use these records to help support a claim for pain and suffering. Head to the hospital soon after you fall and explain to the doctor where you feel pain.
Medical Bills
Our clients request compensation for medical care, including surgery or time in the hospital. Save prescription medication receipts, as well as any insurance statement of benefits. Share them with your lawyer so we can help calculate the full value of your personal injury claim.
Security Video
Many of our clients slip and fall in stores, and some stores have security cameras as an antitheft measure. We can ask the store to preserve the video which can show you slipping and falling because of a hazard. Also, video can show how long the hazard existed. For example, it might show someone spilled coffee in a fast-food restaurant but no one cleaned it up for an hour. That is strong evidence that the store was negligent and therefore responsible for your fall.
This is one reason to avoid waiting to hire a lawyer. You don’t want the store to delete or lose the video. Call our office so we can get to work documenting your accident.
Contact a Texas Slip and Fall Lawyer for Assistance
Falls are common accidents, but some victims need an uncommon amount of time to recover. Call The Stano Law Firm for help with your legal claim. We can step in and begin finding useful evidence in support of a claim for compensation. Our job is to show how the owner failed to keep the premises safe for our clients. You should focus on getting well and reconnecting with your family. Call us today at 832-777-0390 to arrange a consultation free of charge.