What Evidence Will I Need to Prove My Louisiana Slip and Fall Accident Case?
What Evidence Will I Need to Prove My Louisiana Slip and Fall Accident Case?
Sadly, here in Louisiana, slip and fall injuries occur with common frequency. If you have been injured in such an accident, you are entitled to seek compensation for your injuries. The property owner is one potential party that can be sued as well as the owner/operator of the store, building or other place where you were injured. In Louisiana, merchants and property owners have a duty to keep their property reasonably free from hazards and dangers that might cause a slip and fall accident. Failure to take reasonable steps can lead to legal liability.
To enhance your prospects of obtaining full and complete recovery of compensation for your injuries, it is important to retain experienced Louisiana personal injury and slip and fall attorneys like the ones at Mansfield, Melancon, Cranmer & Dick LLC.
In addition, it is important to begin collecting as much evidence as you can to help prove your case. In Louisiana, victims of accidents have the burden of proving that they are entitled to compensation and evidence is needed to sustain that burden. Generally, four legal elements must be shown: duty, breach of duty, causation and injury/damage.
What Types of Evidence Should be Collected?
Slip and fall injury cases are generally most successful when the hazardous condition on the property can be shown. The hazard might have involved wires or some other substance on the floor that caused the victim to slip or trip. Maybe the hazard was a carpet that was not property tacked down. Photos and/or video of the hazardous condition is the best type of evidence to collect. Other proper evidence is, of course, eyewitness testimony. But photos and video have a particularly large impact when shown to a jury.
In addition, you will need evidence of the injuries caused by the accident. So, it is important to immediately seek medical attention, both to return yourself to full health, but also to prove the damages element of negligence. Eventually, medical records will be collected and used as evidence. Photos of your injuries are, therefore, useful as evidence. You may also need evidence of lost wages or income. This evidence can be obtained from your employer at a later time.
When Should I Start Collecting Evidence?
Where possible, you should begin collecting evidence immediately after the accident. The easiest method is to use your camera phone. Immediately take pictures/video of where you fell. If you are too severely injured, ask if a family member or friend can take the pictures/video or even ask a stranger where you fell.
The reason for this is that one practical difficulty with slip and fall injury cases is that, often, the source of the danger is transitory. For example, if you slipped on a water puddled near a refrigerator case, that water might evaporate or be mopped up very shortly after the accident. As such, immediate photos/video will preserve that evidence that might otherwise disappear.
Our Attorneys Can Help
For more information, contact the Louisiana personal injury lawyers at Mansfield, Melancon, Cranmer & Dick LLC. We have a proven track record of success handling many types of Louisiana personal injury cases, including car accidents, boating accidents, motorcycle accidents, premises liability accidents, and cases involving nursing care facility abuse/neglect. Contact us by calling one of our offices: New Orleans at (504) 500-1108, Baton Rouge at (225) 612-0800, or Lafayette at (337) 409-0003. You can also request a free consultation by using our “Contact Us” page.
