According to studies, victims of slip-and-fall accidents lose, on average, 30% of their potential compensation simply because they didn’t properly gather evidence. That’s not just a statistic—it’s a reality many don’t face until it’s too late.
But here’s the good news: You don’t have to let that happen to you. This post will go over exactly what you need to do after a premises injury to protect your case and ensure that you get the justice and the compensation you deserve.
Why Waiting Could Cost You: The Hidden Dangers of Missing Key Evidence
When it comes to premises injuries, timing is critical. The longer you wait to gather evidence, the harder it becomes to protect your case. Evidence can disappear or be tampered with, and sometimes it’s simply too late to collect it.
With the right steps, you can collect the evidence that tells your story, proving the property owner’s negligence and protecting your future.
1. Photos & Videos: The Proof You Can’t Afford to Miss
In the chaos after an injury, it’s easy to forget one of the most critical things you can do, take photos. It might sound simple, but it’s one of the most powerful ways to preserve the state of the scene.
Why It’s Crucial:
If you slip on a wet floor, take photos of the puddle and the surrounding area. Was the spill clearly marked with a warning sign? Was the lighting poor? The more details you capture, the better.
What to Capture:
- Wide shots of the area
- Close-ups of the hazard (slippery spots, uneven flooring, etc.)
- Photos of your injuries, especially if they’re visible
- Any signage (or lack thereof) around the area
Your camera phone is your best friend here. Just don’t forget to do it while you can still see the hazard clearly.
2. Witness Statements
A witness’s testimony could give your case the boost it needs. Witnesses are neutral third parties who can verify your side of the story. If there’s a dispute about what happened, their accounts could make all the difference in proving liability.
What to Do:
- Ask for their contact details immediately after the incident.
- Ask them what they saw. If they’re hesitant, offer to take notes for them.
- Keep it simple: Get their name, phone number, and a brief description of the incident.
A reliable witness can be your best ally when it comes to fighting for fair compensation.
3. The Incident Report
An incident report is a formal piece of evidence that strengthens your claim and proves that your injury was serious enough to be documented immediately. If you’ve been injured on a business property (a store, mall, or public space), there’s a good chance that an incident report was filed. If not, it’s essential that you create one for your own records.
What to Do:
- Ask for a copy of the report right after the injury.
- If no report exists, write down your own version of events.
- Be sure to include as much detail as possible (time, date, conditions).
This is an official record of what happened, and it can’t be ignored. It’s proof that the accident was reported at the time it happened, which adds weight to your case.
4. Medical Records & Bills
Whether your injury requires immediate medical attention or a series of visits over time, keeping track of your medical records is crucial. This includes not only hospital visits but also follow-up appointments, treatments, and prescriptions.
Why It’s Crucial:
Medical records link your injuries directly to the accident, proving that your injuries are real and caused by the incident. The more thorough the documentation, the stronger your case.
What to Do:
- Keep a copy of every doctor’s note, prescription, and medical bill related to your injury.
- Document all medical treatments and symptoms as you go through them.
- If your injury worsens or causes long-term complications, make sure this is reflected in your records.
The more evidence you have of your injury’s severity, the stronger your claim will be.
5. Safety or Maintenance Records
Did the property owner know about the hazard that caused your injury? Were there previous complaints about the same issue? These are critical questions that can be answered through the property’s maintenance and safety records.
What to Do:
- Request maintenance and inspection logs from the property manager or owner.
- Look for any records of repairs or safety issues related to the hazard that caused your injury.
If the property owner has a history of neglecting safety issues or failing to make necessary repairs, this can show a pattern of negligence. If they failed to maintain the property properly, you’ve got stronger grounds for a case.
6. Your Own Written Account
In the rush of the injury and the aftermath, details can blur. That’s why it’s so important to write down everything you remember about the accident as soon as possible.
Your memory may fade over time, and the more accurate and detailed your account is, the better.
What to Do:
- Write down everything you remember: the time of day, the weather, what you were doing, how you fell, and what the hazard looked like.
- Be honest and don’t leave out details, even if they seem insignificant.
When you write it down right away, it’s fresh in your mind, and it will be much harder to dispute later on. Your account could be the foundation of your entire case, so don’t skimp on the details.
7. Surveillance Footage
If you’re on a business property or public area, there’s a good chance surveillance cameras were recording everything. But, cameras often overwrite footage after a certain period of time.
What to Do:
- Ask for the footage immediately.
- Be specific about the time and location of the incident to help the property owner or manager find the right footage.
- Don’t wait; surveillance footage can disappear quickly.
Surveillance footage can be a game-changer, especially when your word against theirs doesn’t seem enough.
What’s Next? Taking Control of Your Case
Don’t let the chaos of the situation overwhelm you, gather the evidence that will make your case stronger and ensure that your rights are protected.
Talking to a legal expert costs you nothing, but could save you thousands.
Get a Free Consultation Today
The team at Williams DeLoatche, P.C. understands how overwhelming this situation can be. That’s why we offer free consultations to help you understand your options—without pressure.
📞 Call 757-547-5555 today to schedule your consultation with an attorney and get the answers you deserve.