- Photograph what caused you to fall. Photograph the condition, crack, water, oil, whatever it is that caused you to fall. Take as many photographs as you can. Take photographs from different angles. Take photographs with something next to it like a ruler or a quarter that helps people get a sense of the size of it. People, the jury, the insurance adjuster needs to see what caused you to fall. It’s going to be a critical piece of evidence in your case. Photograph it and keep those images safe.
- Notify the manager or employee. If the incident happened at a store, restaurant or some public place where there is a property manager, make a report. It is very important so that they begin the process of saving evidence and are on notice to save evidence. It is also important so they are aware that you did fall in their store. It is not helpful when the manager to tell a jury the first time they heard about it was when they were served with a lawsuit. It is also helpful that the manager so that other people don’t fall in the future.
- Photograph injuries including bruises. It is important to document all injuries like bruises and cuts and scrapes. Photographs are far more compelling than a medical record that coldly states you suffered a contusion or laceration. Sometimes even a minor bruise is evidence of a more major internal injury.
- Get all witness information and check for cameras. Get all the information you can about any witnesses including phone number, email, work, home address etc. Witnesses disappear. You cannot go to court and tell a jury, “But there was this witness that said I was right.” A judge won’t allow it. Independent witnesses are very important and can be the main reason why a jury will find in your favor. Also check for cameras. They are very prevalent in today’s society.
- Go to the doctor. It’s very important that you go to a doctor as soon as possible and have them treat and document your injuries. I know some people put it off because going to an emergency room at a hospital can take too long. I have found that a local urgent care can be just as effective. If there is a major medical injury requiring immediate medical assistance go to the ER. If you are sore and unsure if you are injured, consider the urgent care. The medical provider will also document your injuries so that later on when the case is in court, people reviewing your medical treatment can use it to confirm you were in pain. This is very compelling and powerful evidence and I don’t recommend you try to tough it out and not go to the doctor.
As you can see, the key to getting the most for your case is collecting evidence early on.
