Slip and fall cases are not the easiest to win, even when the plaintiff suffered a serious injury as a result of someone’s obvious negligence. Why is that? It’s true for a number of reasons which we’ll review one by one.
Believability of Victim and Witnesses
Unfortunately, perception is everything, especially when it comes to a jury trial. If a victim or witness doesn’t appear to be telling the truth, even if they’re being 100% honest, they may not win at trial.
An attorney has little to no influence over how their client’s personality can mesh or clash with each jury member. If a jury member gets it in their head that only a con artist dresses or behaves in a certain way and casts the plaintiff in that light, the slip and fall case can fall apart. To offset the likelihood of this, the slip and fall victim should prepare for trial as if they are going into a job interview. Look, dress, and act professional.
Preservation of Evidence
After sustaining a serious injury in a slip and fall accident, it may be the last thing on the victim’s mind to preserve evidence. Literally, every scrap of evidence may prove helpful to the case. Without proper physical evidence, a slip and fall lawsuit may fall apart. The clothes worn at the time of the accident that are torn from the fall, or shoes that still have residue on the soles from what caused the slip– these items need to be carefully stored and left uncleaned.
A forensic accident investigator is necessary to document the accident scene itself. An investigator can win or lose a case based on what and how they present photographs, write their notes, and how the impression they make on the jury. The investigator should be experienced, detailed, thorough, and presentable in front of a jury.
After accepting a case, an experienced slip and fall attorney can notify all potential liable parties to preserve any evidence related to the accident. Whether or not they actually do so is out of the attorney’s hands, though there may be legal options after the fact. However, that probably won’t save their case. The attorney should notify all potential defendants in writing without delay and follow up if necessary.
Accidents can happen, and very often it’s not anybody’s fault. Even with slip and fall accidents, not every incident occurs because a property owner acted negligently. An attorney can have to prove at least one of the following in order to win their client’s case:
- The property owner or the property manager should have known about the dangerous condition that caused the slip and fall accident and fixed the problem.
- The property owner or the property manager did know about the dangerous condition but didn’t fix the problem.
- The property owner or the property manager caused the dangerous condition.
If you’re wondering if you have a valid slip and fall injury case, don’t guess. Talk to a slip and fall or personal injury lawyer. Most offer a free initial consultation during which you find out if your case has a good chance of winning a jury award or settlement. Even the toughest cases can be won, as long as you choose the right attorney.