(310) 773-5207
Slip and fall cases are highly evidence-based, and they are not always easy to win. You may improve your legal position by hiring a San Pedro slip and fall accident lawyer at the Law of Preston Easley, APC.
Evidence that you can obtain at the scene of your slip and fall accident can certainly be helpful to your case. It is not always possible to gather this proof at the time that you are hurt. When you hire a slip and fall accident lawyer for your case, they may be able to obtain this evidence through the discovery process in a lawsuit.
When evidence can disappear quickly, time is of the essence. To get started hiring a San Pedro slip and fall attorney at the Law Offices of Preston Easley, APC, call us today at (310) 773-5207 to schedule a free initial consultation.
You May Not Be Able to Collect Evidence at the Scene, But There Is Still Hope
Much of the legal advice that you see relating to slip and fall claims tells you to begin to investigate your accident and gather evidence at the scene. However, that is often a practical impossibility when you are dealing with physical injuries. Chances are that you were taken from the scene of your slip and fall accident before you had the ability to take pictures and collect evidence that may quickly disappear.
Do not assume that not being able to collect evidence at the time of your accident will automatically be fatal to a future legal action. There are numerous ways that you can obtain the evidence that you need to prove negligence, but it is very difficult to do on your own. When you hire a San Pedro slip and fall attorney, they can do a number of things to help build your case, but you need to act quickly.
If you hire a slip and fall attorney immediately after your accident, your lawyer can promptly get to work to begin to gather evidence. Even if the scene of the accident may have been cleaned up, there are a number of leads that your lawyer can pursue to build your case.
Hopefully, you filed a police report of the accident and called the authorities to the scene. The police report may note the conditions that the officer observed when they arrived at the scene. Although the police report itself may be inadmissible hearsay, there are a number of ways that your lawyer can utilize the report. For starters, the police report can be used when you are trying to negotiate a settlement with the insurance company because there are no legal rules that restrict its use. In addition, the police report may also contain contact information for witnesses if you were unable to get it yourself at the scene.
You Can Build Your Case Through the Discovery Process
If the insurance company has denied your claim, and you are forced to file a slip and fall lawsuit, the discovery process will allow your lawyer to obtain further evidence in a number of ways.
- Surveillance video: If you were injured indoors, or in a parking lot, there is a chance that the property owner had a video recording system. you can request the recording in the discovery process because it is evidence relevant to your case.
- The property owner’s investigation report: The property owner may have performed their own internal investigation after the accident, and the actual report is a discoverable record. However, the property owner is also conscious of that fact, and they may be hesitant to put things into writing.
- Maintenance and inspection logs: The property owner may have records that show when the property was cleaned and when hazards were reported and addressed by them.
- Deposition testimony: Your slip and fall lawyer can conduct depositions of the property owner’s employees and obtain their own factual recollections of what happened. This is a precursor to them testifying at trial, and it represents getting them on the record.
By the time you file a lawsuit and conduct discovery, much of this evidence could be gone. The defendant may have overwritten the tapes, or they may have simply destroyed evidence. One of the reasons why it is vital to hire a slip and fall lawyer immediately is because they will send a spoliation letter, directing the defendant to preserve all relevant evidence in advance of litigation.
Contact a San Pedro Slip and Fall Law Firm
A San Pedro slip and fall attorney at the Law Offices of Preston Easley, APC can work for you to be compensated, but we are most effective when you reach out to us quickly. You can do this by obtaining a free initial consultation when you message us online or call us today at (310) 773-5207.
Preston Easley is a graduate of the United States Naval Academy in Annapolis, MD. He served five years of active duty as a Naval officer — three years as a deck officer on a fast frigate and two years as a patrol boat skipper. Mr. Easley also served aboard a tank landing ship in the reserves. Learn more here.
