Evidence That May Contribute to Your Premises Liability Case
Where did your injury happen? What factors contributed to your injury? Did you notice any surveillance cameras? Did anyone witness the accident? These are just a few questions your Martin County premises liability lawyer may ask when determining the kinds of evidence that can be used to strengthen your claim.
To win a settlement or verdict, you’ll need evidence to prove both liability and damages. In most personal injury cases, liability is established by proving negligence, which involves demonstrating how the defendant breached the duty of care owed to you, and causation—i.e. how the defendant’s negligence was the proximate cause of your damages.
Below are a few examples of evidence your Martin County premises liability attorney might use to prove liability and damages:
- Photographs and Video Footage: If your injury happened on a commercial property, it’s likely that the incident was captured on a surveillance camera. This footage can serve as valuable evidence to prove not only what led to the accident but also that the property owner or possessor (or their employees) had actual or constructive knowledge of the hazard that caused your injuries. If you took photos of your injuries or the dangerous condition that caused them, those pictures can also be used to support your claim and will be especially important if the property owner has already fixed the hazard.
- Official Reports: If an incident report and/or police report are available, your lawyer might use them to prove liability and causation. An incident report is usually created after an injury on a commercial property. It should contain details about the accident including how, when, and where it happened, and perhaps statements from eyewitnesses. If law enforcement attended the scene, they may have created a police report that contains similar information.
- Witness Testimony: If the property owner isn’t cooperative and denies fault, our attorneys will explore all available sources of evidence to strengthen your claim. We may interview people who saw the accident and perhaps ask them to provide testimony.
- Your Footwear: This is a potentially critical piece of evidence that claimants often overlook. It’s not unheard-of for defendants in premises liability cases to argue that the victim’s footwear somehow contributed to his or her accident. If you preserve the shoes you were wearing at the time of the injury, your lawyer might use them as evidence should such a dispute arise.
- Medical Records: Any diagnostic imaging, medical bills, prescription documentation, and other healthcare records might be used to prove the severity of your injuries and the cost of treatment.
- Financial Documentation: Proof of income you lost while recovering may include income tax returns, 1099s, bank statements, and paystubs.
- Receipts and Invoices: Keep any receipts and invoices you receive for costs related to your injury so your attorney can include them in the settlement calculations.
- Expert Witness Testimony: Your lawyer might bring in various experts to provide testimony regarding your injuries, your damages, or the accident that caused them.
- Your Personal Injury Journal: If you keep daily entries about symptoms, medication side effects, and the impact your injuries are having on your personal life and relationships, those entries might be used to prove non-economic damages.