How Can I Prove a Slip and Fall Accident Claim?

Slip and fall accidents can have devastating consequences, leading to life-altering injuries and ongoing pain and suffering. When these accidents happen on other people’s properties, victims may be able to pursue compensation from the negligent party liable for the damages.

However, they must provide sufficient evidence to prove the party’s negligence and show that it was the cause of their injuries. Consult experienced Manhattan personal injury lawyers for legal counsel if you’re a slip-and-fall accident victim. They can evaluate your case, help you collect the necessary evidence, and pursue compensation on your behalf.

It can be challenging to prove your case and recover compensation without sufficient evidence. Here are crucial pieces of evidence your lawyer can help you collect:

Proof of Injury

Before filing a compensation claim, collect evidence that you sustained injuries after a slip and fall accident. There are several ways you can obtain proof of the damages, including the following:

  • Photos and surveillance footage of the accident scene and your injuries
  • Medical records of your treatment following the accident
  • Prescription records
  • Medical bills related to treating the injury
  • Testimonies of eyewitnesses
  • Police and other incident reports
  • Physical rehabilitation and therapy records and costs

It also helps to journal how the injuries affect your daily life. For example, is the pain too much and frequent that you can’t work? Take note of the lost time from work and any correspondence with the relevant parties. This information will be crucial in helping your Manhattan premises liability lawyers create a solid slip-and-fall claim.

Proof of Dangerous Conditions

Once you successfully prove your injuries, your lawyer will also help you ascertain the dangerous conditions that led to your injuries. How you take the photos of the accident is crucial. Ensure you take pictures of the accident scene from all possible angles. Capture any spilled liquids or icy conditions on the floor.

If your slip and fall accident was due to a poorly constructed staircase or handrail, capture the condition clearly, showing where you missed your step or lost your balance due to the dangerous condition. Poor lighting could also cause your slip and fall accident, so ensure you capture these conditions when taking photos of the accident scene.

How is the Evidence Used in Your Slip and Fall Claim?

The evidence you gather in your slip and fall accident claim can help your premises liability lawyers in Manhattan prove crucial elements in your case. Without these, you may not be able to recover any compensation from the defendant:

Duty of Care to the Victim

Your lawyer must show the property owner is responsible for maintaining the property and ensuring no hazardous conditions exist. They must deal with hazards reasonably or display warning signs to notify others to avoid the problem. Without proving the duty of care, your case is unlikely to be successful.

Existence of Dangerous Circumstance and Breach of Duty of Care

Regardless of the apparent danger that led to your injuries, your lawyer must prove it. Your lawyer will help you provide evidence that the liable party knew or had reasonable suspicion that the condition could have caused harm to you or anyone else. The hazards should have been taken care of but were not, which was negligent on the defendant’s part.

Your lawyer can also fight to show how long the property owner had to become aware of the unsafe condition and rectify the situation. Besides, they can show that the owner could control the hazard since it was not due to natural occurrences. Lastly, they can show that the negligent party should be held liable for your injuries and damages.

Damages Relevant to the Case

Another element your lawyer must prove is that the dangerous condition was the cause of your injuries. Sufficient proof must be available that the doctor’s diagnosis was a direct result of the hazardous conditions on the property. Some damages you may be able to recover from your lawsuit include the following:

  • Medical expenses
  • Lost wages and earning capacity
  • Cost of rehabilitation
  • Property damage
  • Pain and suffering
  • Loss of consortium

Having aggressive personal injury lawyers in Manhattan can significantly increase your chances for the most favorable outcome.

Who Can Be Liable in a Slip and Fall Accident Claim?

The property owner is usually liable for a slip and fall. If you sustain injuries because of your employer’s negligence at the workplace, the business owner would be responsible in this case. Third parties can also be held accountable depending on the case circumstances.

For example, if a contractor doesn’t clear the construction site after their project and you trip on equipment and sustain injuries, they or their company is liable for the accident. In some cases, your premises liability attorneys in Manhattan may prove that more than one party is responsible for your injuries. They can help you identify the parties to pursue your claim.

Protect Your Rights in a Slip and Fall Case in Manhattan

After injuring yourself in a slip-and-fall accident, the last thing on your mind would be to collect evidence. Recovering compensation without proof of the dangerous condition and the resulting injuries would be challenging. Your best shot at securing the compensation you deserve is to hire aggressive Manhattan premises liability attorneys to help you build your case.

Our lawyers can investigate your slip and fall accident, interview witnesses, review footage of the accident scene, and put together all the evidence you need to prove your case. We can fight aggressively and won’t rest until you get a fair settlement. Call Mark E. Seitelman Law Offices at 212-962-2626 to schedule a FREE case assessment.