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Why Evidence is So Important in Your Slip and Fall Claim

March 04, 2021

By van der Veen, Hartshorn, Levin & Lindheim

According to the National Insurance Crime Bureau (NICB), the number of slip and fall claims has drastically increased in the last few years. At first, this is not all that surprising, as slip and falls are some of the most common personal injury lawsuits filed every year. However, what is concerning about the NICB’s data is that many of these claims are fraudulent, and the agency states this is the cause for the recent spike.

Of course, many people file legitimate slip and fall claims every year as well, but with this new information, insurers will likely scrutinize these claims even more than they did before. To ensure you recover the full damages you deserve, it is critical that you have substantial evidence to back up your claim. The most important types of evidence are found below.

Pictures and Videos

Nearly everyone has a phone on them these days, making it easier to take pictures and videos of the scene. Take pictures from different angles of the hazardous condition that caused your injuries. Property owners will typically correct the dangerous condition before you file your claim, which will make it more difficult to collect compensation. If you can prove with your own photos and video the hazardous condition existed and caused your fall, it will greatly help your claim.

A Detailed Timeline

Over time, your memories surrounding the accident may fade. Immediately after a slip and fall, it is natural for people to be more concerned about treating their injuries than thinking about a future claim they may file. If you cannot accurately remember what happened or what caused your slip and fall, the insurer will likely use it as a reason to examine your case more carefully, and potentially even deny your claim. To avoid this, always create a detailed timeline regarding how you were injured.

Witness Testimony

Eyewitnesses are very valuable to your claim, as they can corroborate your story. Just make sure witnesses do not exaggerate or embellish what happened. When witnesses are overenthusiastic, insurance companies become suspicious and may find reason to deny your claim.

Medical Records

Not only do you have to use medical bills to prove your medical costs, but other medical records can help with your claim, too. For example, if you tell the doctor that your injuries are due to the negligence of a property owner, they will include this in their notes, which could help prove your case.

A Pain Journal

Just as your memories surrounding the accident may fade, your memories regarding your injuries and how they impacted your life may also fade. Keep a journal detailing the severity of your injuries, their progress during recovery, and what they have prevented you from doing that you once loved.

Our Pennsylvania Personal Injury Lawyers will Collect the Evidence You Need

Evidence is important to your case, but it is also difficult to collect while you are recovering from a serious injury. At van der Veen, Hartshorn, Levin & Lindheim, our Allentown personal injury attorney know the evidence most important to your claim and will collect it while you focus on your recovery. Call us today at (215) 486-0123 or contact us online to schedule a free consultation.



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