What Evidence Should I Gather After a Florida Slip and Fall Injury?

If you have suffered an injury as a result of a slip and fall in Florida, critical evidence can be lost or destroyed quickly. This evidence can make the difference in establishing fault on the part of the individual or entity that caused your injuries. Accordingly, in addition to treating your injuries, it is important that you or a loved one gather as much evidence as possible right away. If you’re unsure of what evidence you should collect, the following blog explores what you must know about these matters, including the importance of working with an Indian River County slip & fall lawyer to help you explore your legal options.

What Should I Do Immediately After a Slip and Fall Injury?

If you are the victim of a slip and fall, it’s imperative to understand your legal options. Generally, the first thing you should do is alert the appropriate party to the injury, like the property owner or store manager. They will complete an incident report, which you should obtain a copy of before leaving the premises. They will also be on notice of their need to preserve critical evidence, such as security footage depicting your fall or the areas adjacent to your fall.

In addition to alerting the appropriate entity to the injury and hazard, you should seek medical attention for the injuries you’ve suffered, even if they seem minor. Some injuries may not immediately present themselves, and delaying care can not only worsen your injuries, but it can also be used against you. If you fail to seek prompt medical attention, the defense can claim your delay contributed to the worsening of your injuries, or that your injuries aren’t as severe as you claimed since you did not require immediate medical care.

What Evidence is Most Beneficial to Gather?

Following a slip and fall, it’s imperative to gather as much evidence as possible. Whereas in an auto collision, the location and orientation of the crash can establish liability (such as, for example, evidence that you were rear-ended at a stop sign), every slip and fall or trip and fall injury involves the fundamental question of whether the person who fell was herself at fault. Without proof that negligence has occurred, it can be incredibly difficult to recover the compensation you deserve.

Generally, one of the most important things you can do is take multiple photos and videos of the scene of the fall. This includes the hazard that caused your fall and a general photo of the area. This evidence may help establish the source of the hazard, the degree to which the property owner was aware of the hazard, and whether there were satisfactory warnings of the hazard.

If the property owner offers to show you security footage of the fall, you should view it, record a video of it, and ask the property owner to preserve it. Security footage is sometimes the most important evidence relating to the liability issues in a slip and fall or trip and fall case. On many systems, this footage will be overwritten in a matter of days or weeks. You should take any opportunity to preserve and collect that evidence.

If possible, you should also speak with witnesses who may be able to provide additional information regarding the hazard. You should collect their contact information to give to your attorney, as their statement can be helpful in your claim.

How Long Do I Have to File a Claim?

Under Florida law, you have a limited amount of time to file a claim against the party responsible for the injuries you’ve suffered. As a general matter in Florida, the statute of limitations is two years from the date of the accident. However, there are nuances to this area of the law, and the sooner you start the claims process, the better. By delaying bringing a claim, you’ll find that important evidence may be lost or damaged or witnesses have moved away, which can negatively impact the outcome of your case.

Slip and fall injuries can be devastating, leaving victims with substantial physical, financial, and emotional hardship. As such, it is imperative to connect with an experienced attorney with Ullian Trial Law to discuss your legal options. Our team understands how difficult these matters can be to navigate, which is why we will do everything in our power to help you recover the compensation you deserve. Contact us today to learn more.