Slipping and falling on someone else’s property can cause more serious injuries than you believe. Injuries from a slip and fall can result in expensive medical treatment and require you to miss time from work or lose your job.
You may decide to exercise your rights under North Dakota law and file a personal injury action to recover compensation for your slip and fall injuries. But what sort of evidence is best for helping to prove your case?
Like other personal injury claims, prevailing in a slip and fall case requires proving negligence. This means showing that a property owner failed in their duty to maintain a safe property and that failure caused your injury.
You must also prove your damages to receive the amount of compensation you request. For example, if you request $100,000 in damages for medical bills, you must present evidence, such as bills or statements, showing your medical bills totaled $100,000.
Here are some key types of evidence that can help you prove negligence in your slip and fall case.
Documentation
Document the details of the accident as soon as you can after the injury. Your own testimony will likely be necessary to prove negligence.
As more time passes, the details of what happened may begin to fade from your memory. When you testify, you will be subject to cross-examination by the opposing side.
Part of the cross-examination may involve questions designed to show inconsistent statements. Writing down what happened after the accident helps preserve your memory of the accident.
Be detailed about what you write. Include the date and time of day the accident happened, the overall conditions, how exactly you slipped and fell and how you felt, physically and mentally, afterwards.
Document your mental state in the days and weeks after the accident. Many slip and fall victims experience mental anguish, such as anxiety and depression, after the accident. A journal of your mental condition can help establish an amount for pain and suffering damages.
Photographs and witness statements
Photograph or videotape the accident scene and the conditions at the time of the accident. Visual representations of the accident scene are often powerful evidence in slip and fall case, as are photographs of your injuries.
Take photographs of your injuries at different stages, such as immediately after the accident and each day thereafter. This shows how your injuries progressed.
Obtain contact information from any witnesses to the accident. Get witness statements from them as early as possible. Witnesses can have trouble recalling specifics later, so taking statements early can provide you with details that could be forgotten and prevent changes in their statement in the future.
You may be hesitant to approach witnesses after the accident, which is understandable. Be polite and respectful and do not force them to speak with you. Ask if they would mind providing you with a brief statement about what they say. Consider recording it on your phone but ask their permission first.
Medical records and expert witnesses
Medical records are one of the most important forms of evidence in a slip and fall. Your medical records show the extent of your injuries and can be used to prove causation, which is one of the most challenging elements of negligence to prove.
Your medical records should include the records from immediately after the accident and ongoing treatment. Records of ongoing treatment provide information on current and expected future treatment.
Expert medical testimony can be helpful to confirm that your injuries are caused by the slip and fall. The type and number of experts to use depends on the specific facts of your case.
A combination of these forms of evidence can help you build the strongest possible case for negligence and receive the compensation you deserve.