Beginning The Process
Evidence in a premises liability claim is absolutely vital. There are several different types of evidence that are important in premises liability cases, but over the course of my career, I’ve found the following types especially solid when building a strong of a case for my clients.
At the outset of a personal injury case, as I mentioned earlier, I conduct thorough interviews with my clients to gather essential information about their slip and fall incident. After this, I very quickly begin gathering pertinent evidence related to the incident.
For example, if the slip occurred at a restaurant and an incident report was filed, I take immediate action to acquire this report. I also make every effort to recover any available surveillance video footage. If a picture is worth a thousand words, surveillance video footage is worth an unspeakable amount of them!
These aren’t the only critical items, though. I also begin the process of obtaining my client’s medical records. These are essential in establishing causality for any injuries suffered as a result of the accident. They are also important to show that the accident has aggravated an existing injury. Furthermore, I also identify the names and contact information of any witnesses who observed the accident.
Since slip and falls often occur in stores or restaurants that fall under the merchant liability statute in Louisiana, I prioritize examining the issue of notice. This involves determining whether the merchant had either actual notice or constructive notice of the unreasonably dangerous condition. Addressing this aspect promptly is a key focus in handling slip and fall or trip and fall cases.
Seeking Medical Treatment
Seeking prompt medical treatment following a slip and fall incident is paramount for several reasons. First, doing so pays immense dividends in giving credibility to your claim. Putting off getting the medical attention you need undermines your claim severely, and the longer you do, the less credible you and your claim will be.
Coming off as a malingering plaintiff — someone who isn’t really injured, or who is not really badly injured but simply wants to inflate their claim — will destroy both your credibility and your case, should it go to court. Judges and juries find few things more disreputable.
Fortunately in Louisiana, you have the right to choose your own medical provider. This reduces anxiety and stress by being able to consult and be treated by someone you already know and trust. While I’m more than happy to offer recommendations for medical providers, and I do, I firmly believe that the medical care decisions should ultimately lie with you. Your comfort and confidence in your healthcare provider are essential for your overall well-being — the most important thing at the end of the day — and the integrity of your case.
Disclosing Information
With so much on the line, it’s important to tread carefully in terms of what you say and who you say it to. Insurance companies who are concerned primarily — if not only — with minimizing the payouts they’re responsible for, will twist things you say to that end. You must be very careful what you say on social media. It’s my goal to give you some advice and context so you can protect yourself and your case.
If you slip at a restaurant or a store, you should report it to the manager. Doing so puts them on notice while also serving to bolster the credibility of your claim of having fallen or tripped on the premise. Be honest with them when you do. Lying will seriously undermine your credibility. More likely than not, the truth will come to light later in your case. Evidence that proves what you said to be incorrect or not true will cut the legs out of your case.
Equally important is telling medical care professionals, especially hospital staff immediately following the accident, truthfully what happened to you. Do your best to relay any and all relevant information to them in as accurate a manner as possible. People who suffer injuries oftentimes tell emergency room doctors what happened to them, but do so in an unclear fashion. When it appears in the record later in their case, it very often looks like something different happened than what actually occurred.
When dealing with insurance companies, namely the opposing party’s insurance company, it’s important to realize who you’re dealing with. These institutions claim to be all about helping people, but if you’re injured, you’ll quickly see how that’s nothing more than a myth. They’ll twist things you say to reduce the amount they have to pay out to you, if not getting out of having to entirely. It’s best to have an attorney handle any and all interactions with insurance companies. If you don’t hire an attorney, at least seek counsel from one before engaging with the insurance company.
Insurance Companies
While we’re on the topic of insurance companies, let’s dive a little more into this aspect of the personal injury process. It’s essential you understand how they operate and how they can impact your case.
Your own insurance company will likely help you cover upfront costs associated with your medical care, but they will typically assert a lien or claim to be repaid for these expenses. It’s helpful to know this so you have a general idea of what you’re getting yourself into.
If you’re offered a settlement by the opposing party’s insurance company, you should at least consult an attorney before accepting it. Chances are, this initial settlement offer will be much lower than it should be. Rare as it is, if it is fairly valued, accepting a settlement early on in the personal injury process will save you a lot of time and money. But how do you know if the settlement offered to you is adequate? The best thing you can do is to contact an attorney who can help you assess whether or not the amount is fair and guide you through the decision whether or not to accept it.
If you can’t get a fair settlement offer from the opposing insurance company, you have to be prepared to bring your case to court, whether or not a trial will be the ultimate outcome. You can likely get a judge involved in your case even before going to trial. They can help in the settlement or mediation process of your case. Nonetheless, if you are never offered a fair settlement, you must be prepared to try your case in court.
Insurance companies use several tactics in an attempt to get out of liability for personal injury claims. If you suffered an injury in a slip and fall at a store or restaurant, and it’s covered by the merchant liability statute in Louisiana, the insurance company is all but certain to raise the notice issue as a defense; that is, whether there was notice to the defendant store or restaurant about the unreasonably dangerous condition. They’ll likely also raise the issue of comparative fault, claiming that you should have seen or been aware of the unreasonably dangerous condition, and could be avoided it but didn’t because you were negligent.
For more information on Evidence In A Premises Liability Claim, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 527-8767 today.
