Slip & Fall After a Spill or Hazard: Evidence That Often Gets Overlooked

Proving liability in a slip and fall accident requires showing that the property owner failed to maintain safe conditions. Although thousands of slip and falls take place each year, many victims do not recover compensation because of a lack of evidence. These persons will be responsible for paying out-of-pocket for hospital bills, doctor’s visits, and physical therapy. With proper documentation, many slip and fall victims do not bear the financial responsibility of an accident that is another party’s fault.

At HGSK Injury Lawyers, we have seen how debilitating slip and fall injuries can be. Nobody should be held financially responsible for injuries that are someone else’s fault. If you or a family member has fallen victim to a slip and fall, now is the time to contact our Philadelphia slip and fall lawyers.

Medical Records & Billing

Although medical imaging, treatment plans, and billing records will likely not prove another party’s liability, they will verify the damages being sought. Besides out-of-pocket costs, your records can justify pain and suffering damages as well. This is especially helpful when the amount is being challenged by the opposing party. Medical records can also point to the severity of your injuries, justifying your medical needs and future medical costs. Unfortunately, medical records can often be difficult to obtain, but they can be expedited when you work with an experienced slip and fall attorney.

Eyewitness Testimony

If someone saw you fall, you should get their name and contact information. Eyewitness testimony will provide an impartial, firsthand account of what happened. An eyewitness can fill in any gaps in information that the surveillance camera may have been unable to capture (most likely due to its vantage point). In confirming your version of events, eyewitness testimony can be indispensable.

Circumstantial Evidence

Unlike direct evidence, circumstantial evidence requires that you rely on inference to draw a conclusion. In personal injury cases in which nobody saw your fall, and no other direct evidence is readily available, circumstantial evidence may be the strongest evidence you have to support your case. Circumstantial evidence is admissible at trial, but it must meet the standards for authenticity and reliability.

Under Title 225 of the Pennsylvania Rules of Evidence, Rule 401, evidence is relevant if it makes a fact more or less probable, and the fact is important to the case’s outcome. However, getting circumstantial evidence admitted at trial can be challenging, especially when the opposing counsel claims that a certain conclusion is based on potential bias.

In a slip and fall claim, circumstantial evidence may include previous complaints from customers, prior accident reports, and track marks near the accident site. Customers who previously reported wet or slippery floors to the store manager but did not see the issue get resolved may be willing to provide a brief statement. If there are similarities between their story and yours, this can make you more sympathetic to a jury.

Injured? Speak with Our Philadelphia Slip and Fall Attorneys Today

Gathering evidence in a slip and fall requires an understanding of what information will support your case and the most efficient means of retrieving it. At HGSK Injury Lawyers, our Philadelphia slip and fall lawyers have the experience, knowledge, and skills to gather convincing evidence to strengthen your claim. If you are interested in learning more, contact us online or by calling (267) 551-8782 to schedule your free consultation.