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Preserving Evidence to Strengthen Your Claim
If you suffered an injury in a slip and fall accident in Philadelphia, you know how fast things can become confusing. Medical visits, insurance calls, and pain can make it tough to focus. But the steps you take right after your fall can make or break your case. Preserving key evidence is crucial. It can mean the difference between a denied claim and getting the money you need to recover.
This guide will walk you through the essential steps to protect and preserve evidence after a slip and fall. With the right actions, you’ll make it much easier for a Philadelphia slip and fall lawyer to fight for your rights.
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Why Is Evidence So Important in Slip and Fall Cases?
A slip and fall accident might seem straightforward, but proving what happened isn’t always easy. Property owners and insurance companies rarely admit fault. They may even claim the accident was your fault or that nothing dangerous existed. Solid evidence is how you build a strong case.
A slip and fall attorney in Philadelphia will rely on your evidence to show several things:
- The property owner knew or should have known about the hazard
- The hazard caused your fall and injuries
- You suffered real damages
Think of evidence as the foundation of your claim. Without it, even the most skilled personal injury lawyer may struggle to help you. That’s why it’s smart to start preserving evidence as soon as possible after your accident—even before you call a lawyer.
Steps to Preserve Evidence at the Scene
What you do in the moments after a slip and fall are critical. If you’re able, try to collect as much information as possible. Here’s what can make a big difference:
Take Photos and Videos:
Use your phone to capture the accident scene. Make sure to get wide shots of the area and close-ups of what caused your fall, such as spilled liquids, uneven flooring, broken steps, or poor lighting. Photograph your injuries and any visible hazards.
Get Witness Information:
If anyone saw your fall, ask for their name and contact details. Witnesses can back up your story and provide a neutral account of what happened.
Report the Incident:
Tell the property owner, manager, or employee about the accident and ask them to make a written report. Request a copy for your records.
Keep the Clothes and Shoes You Wore:
Don’t wash or throw away what you wore. These can show what happened and may have evidence like stains, tears, or debris.
If you can’t gather evidence yourself because of your injuries, ask a friend or family member to help. The sooner you act, the better.
Protecting Evidence After You Leave the Scene
Once you leave the accident scene, the risk of evidence disappearing grows. Property owners may clean up, fix the hazard, or deny anything was wrong. Here’s how you can keep your case strong:
Seek Immediate Medical Care:
Go to a doctor or hospital right away. Medical records will tie your injuries to the accident. Follow all treatment instructions and keep copies of bills and doctor notes.
Write Down Everything You Remember:
As soon as you can, make notes about the accident. Write down the time, place, what you were doing, how you fell, what you saw or heard, and anything the property owner or staff said.
Preserve Physical Evidence:
Keep your clothes, shoes, and any objects involved in the fall in a safe place. Don’t fix or clean them.
Save All Documents:
This includes medical paperwork, accident reports, insurance forms, and communication with the property owner.
A slip and fall lawyer will use this evidence to build your claim. The more proof you have, the stronger your case.
How a Slip and Fall Attorney Can Help Preserve Evidence
A slip and fall attorney in Philadelphia does much more than go to court. Their job starts right after you contact them. They can:
Send a Spoliation Letter:
This is a formal notice to the property owner demanding they keep all evidence related to your fall, like surveillance footage, maintenance logs, cleaning records, and accident reports. This step is vital because many businesses record over video within days.
Investigate the Scene:
Lawyers often visit the accident site or send investigators to document conditions. They may find witnesses you missed or spot hazards you didn’t notice.
Hire Experts:
Sometimes, your lawyer will work with safety experts, engineers, or medical professionals to prove what caused your accident and how it led to your injuries.
Handle All Communication:
Your attorney will deal with insurance companies and property owners, so you don’t risk saying something that could hurt your case.
If you wait too long to call a slip and fall injury lawyer, key evidence could disappear. That’s why it’s smart to act fast after your accident.
Common Mistakes That Can Hurt Your Slip and Fall Case
Even good people make mistakes after an accident. Some errors can weaken your case or destroy your chance at fair compensation. Here’s what to avoid:
Not Reporting the Accident:
If you leave without telling anyone, the property owner may deny anything happened.
Delaying Medical Care:
Waiting to see a doctor can make it look like your injuries aren’t serious or weren’t caused by the fall.
Throwing Away Physical Evidence:
Don’t toss your shoes or clothes. They might prove your story.
Posting on Social Media:
Insurance companies look for reasons to deny your claim. Don’t post details about your accident, injuries, or recovery online.
Talking to Insurance Adjusters Alone:
Insurance companies may try to get you to say something that hurts your case. Always talk to your Philadelphia personal injury lawyer before giving a statement.
Taking the right steps and avoiding these mistakes makes it much easier for slip and fall injury attorneys to protect your rights.
Frequently Asked Questions About Preserving Evidence for Slip and Fall Claims
What should I do right after a slip and fall accident in Philadelphia?
Start by making sure you’re safe. If you can, take photos of the scene, the hazard, and your injuries. Get the names of any witnesses. Report the accident to the property owner or manager and ask for a written report. See a doctor as soon as possible, and keep everything you wore during the accident.
How long do I have to file a slip and fall claim in Pennsylvania?
In most cases, you have two years from the date of your accident to file a slip and fall lawsuit. However, it’s smart to start gathering evidence and speak with a slip and fall attorney right away, before evidence disappears.
Can a security camera video help my slip and fall case?
Yes, video footage can be powerful evidence. But many businesses overwrite recordings quickly. Your lawyer can send a spoliation letter to protect this evidence. Act fast to improve your chances of getting the video.
Why should I avoid talking to the insurance company without a lawyer?
Insurance adjusters are trained to minimize payouts. They may use your words against you or ask leading questions. A slip and fall lawyer will handle the insurance company and protect your interests every step of the way.
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