Medical records, maintenance logs, witness testimony, and photographs are some of the types of evidence that could be crucial in an Atlanta slip and fall case. This blog will cover these and other forms of evidence that might help prove your case against the at-fault party.
Certain types of physical evidence must be collected according to the rules if you want to be able to use it in court. Your Atlanta slip and fall lawyer can handle the evidentiary issues and seek the compensation you deserve from the liable party.
The Value of Video Footage in Atlanta Slip and Fall Cases
Indoor and outdoor security cameras are much more prevalent than they were just 10 or 20 years ago. With a little luck, there might be a video camera that captured footage of the accident––along with the hazard that caused it. Your lawyer could use this information to demonstrate the property owner’s negligence.
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Photos of the Accident Scene Could Also Demonstrate the Fall Hazard
If possible, take quick photographs of the slip and fall accident scene with your mobile phone. Be sure to document the hazardous conditions that led to your fall. You are unlikely to get another chance to have photographic evidence of the condition that caused your fall accident.
You can count on the premises owner to clean up the scene, if for no other reason than to correct the dangerous condition so that no one else gets hurt. The sooner you act to gather certain pieces of evidence, the better.
Photos of Your Injuries Document the Severity of Your Condition
Medical records are useful evidence that can prove the extent of your injuries, but as they say, a picture is worth 1,000 words. You will want to take photos of your injuries from multiple angles. A jury will respond more to a picture of an open facial wound than they would to a clinical description of the injury in the medical records.
Be sure to note the dates of the photos. Bruising and other discoloration can take several days to develop, so be sure to capture photos of the injured areas daily, with dates on each to show the progression.
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Your Medical Records Could Be Useful in Your Premises Liability Claim
Your medical records can serve as powerful evidence when asserting the severity of your slip and fall accident. These documents can demonstrate the treatment you required and will require. They can also demonstrate whether the slip and fall exacerbated any pre-existing health conditions.
With your permission, your personal injury lawyer can assess these records and use them to build your slip and fall claim. They may even consult with healthcare providers to glean further insight into the accident’s effect on your health, both physically and psychologically.
The Incident Report Shows the Who, What, When, and Why of What Happened
If you slipped and fell on commercial property, like a big-box retail outlet, the store’s management should have filed an incident report. This non-objective document should outline some of the fall’s details, including:
- What time and date the incident happened
- Whether emergency transportation was called
- Your name and contact information
- What action the store’s owner took (if any)
- A description of the injury you suffered
Maintenance Logs and Cleaning Records Show Prevention Methods
These records can serve as evidence of how diligent the owner was in performing routine maintenance and keeping the premises clean and safe for visitors. For instance, many bathrooms in department stores will have employees sign when they inspected the premises. We could use this information to show that the property owner didn’t take proper measures to prevent slips and falls.
The Value of Witness Testimony in an Atlanta Slip and Fall Injury Case
Witness testimony could be crucial in your case. Witnesses could include people who:
- Saw you physically slip and fall
- Worked at the location where you were injured
- Came to the accident scene, such as first responders
- Treated you after you arrived at the hospital
Your lawyer can interview these individuals and get their perspectives on various aspects of your accident.
This Evidence Can Establish the Cost of Your Damages
Evidence in a slip and fall case should show more than what happened; it should also support the amount you’re requesting from the liable insurer. This information may include:
Your Employment Records
Your employer’s payroll records could prove the amount of your lost income if you missed paychecks during your recovery period. We may also consult vocational experts to learn more about your missed income.
Documentation for Out-of-Pocket Losses
Bills, receipts, and bank statements can show your out-of-pocket losses. These items, like travel expenses for medical treatment, drugstore purchases, and other things, can add up. In the long run, they could comprise a significant portion of your case’s value.
Testimony From Vocational Rehabilitation and Medical Experts
As noted, vocational rehabilitation experts could testify about how your injury impacts your ability to earn a living through gainful employment. Medical experts could testify about the severity of your condition, the medical interventions you had to endure, and your prognosis.
Evidence Collection Does Not Toll the Statute of Limitations
You only have two years to file a personal injury lawsuit in Georgia to protect your right to fair compensation. O.C.G.A. § 9-3-33 sets this filing deadline, as well as the two-year deadline for filing a wrongful death lawsuit.
If you miss the filing deadline, you could lose the right to seek compensation. Looking for evidence to support your case (and negotiating with the insurer) does not give you more time to file. Your personal injury attorney can explain more about this deadline and work to uphold it.
An Atlanta Slip and Fall Attorney Could Help With Your Injury Case
Bader Scott Injury Lawyers stands ready to handle your Atlanta slip and fall case. We fight relentlessly to hold at-fault parties accountable for the harm they cause to our clients. We assist with evidence collection, interviewing witnesses, and anything else to build a strong case.
Reach out to us today for a free consultation. We can explore your legal options now.