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5 Ways to Gather Evidence in A Premises Liability Claim

Gather Evidence in A Premises Liability Claim

Property owners are required to keep their properties in good shape. Those using or visiting that property will likely get injured when they fail. If that happens, the next step is filing a premise liability. A huge factor that contributes to the success of a premise liability lawsuit has evidence. Without it, you can’t prove the property owner was negligent. The following are five ways to gather evidence of this type of accident.

Take Photos and Videos of the Accident Scene

There is no better way to paint a picture of how the accident happened than through photos and videos. Even when you hire a premise liability lawyer to file your claim, they’ll need photos and videos to support their argument. What hazard caused the accident? Was it loose wires or a cracked driveway? If you can find video footage to show what happened, the better. You can get this evidence from security cameras or dash cams from vehicles. If eyewitnesses captured the incident, that could help as well.

You may not get video evidence to show what happened. After all, the property owner may try to destroy it before your lawyer can access it. In such cases, photos of the scene will still do. Taking these photos immediately after an accident is often best. The evidence is yet to be compromised. If your injuries are too serious and you can’t take photos, ask a friend or witness to help. Remember, you want to ensure there is no doubt in anyone’s mind about what happened.

Talk to Witnesses

Depending on where you were, other people may have witnessed the accident. For instance, other shoppers would see what would happen if you were in a grocery store. Their statements are key to supporting your case. They will attest to those hazardous conditions that led to the accident. National Floor Safety Institute (NFSI) statistics indicate that flooring materials contribute to over 2 million falls. If this led to the accident, the witnesses can make a statement about this.

When the property owner, manager, or police fills out a report, ask the witnesses for their contact information and names. It would help if you informed the police there was a witness just in case no one is yet to be interviewed. Share this information with your attorney, as they’ll follow up with the witnesses.

Records to Prove Property Ownership

Your lawyer will be filing a premise liability claim against the property owner. That’s the person supposed to ensure the property is safe for the people using it. A document like a deed shows who owns the property and ensures you’re filing the claim against the right people. Sometimes, it might not be clear who the property owner is. On such occasions, the attorney will have to investigate.

This is very common with commercial properties where the owner is away from town and has hired a property manager to oversee the building.

Collect the Medical Records

The major reason you’re filing a claim is because you were injured. You may have suffered severe injuries like spinal cord or traumatic brain injuries. Even if the injuries were minor, going to the hospital is important. The medical records show how serious the injuries are. This will also be factored in when calculating your compensation amount.

Get the Accident Report

If the police officer wrote a report of the accident, you must get it. You must report the accident immediately or as soon as you leave the hospital. When filing a claim to get compensated, some questions will likely arise. For instance, did you inform the property owner about the injury? Do you have an official report to show the accident happened? All this may seem like much when you were injured in an accident. But it’s key to ensuring your lawsuit goes well with little hitches.

The evidence you gather will come from your handling of the premise liability claim. Understandably, you may need clarification about the evidence you need, especially when you just got injured. This is why you must consult competent legal aid to go through the process seamlessly.

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