In the days following a slip and fall accident, one thing is proven: You, the victim, must show ways in which the defendant was negligent before winning a slip and fall accident case..
You must prove that piece of debris was knowingly left on the floor. You must prove the product that slipped off the store shelf onto the floor should have been put back in its place. You must prove there was no sign indicating a torn up carpet … or a wet floor.
How is this done? It’s all in the discovery.
During discovery, a defendant must turn over information such as maintenance records, repair logs, surveillance video, and anything else that be relevant to the slip-and-fall accident. In addition, the victim of a slip-and-fall accident may also gather sworn testimony regarding what happened through depositions, recorded interviews, or provide photos of the slip-and-fall accident scene. To ensure all parties appear at these interviews, usually conducted at the plaintiff’s personal injury attorney’s office, subpoenas are issued to the defendant and other involved parties.
Securing information via deposition helps the plaintiff and personal injury attorney understand the circumstances surrounding the slip-and-fall accident and, more importantly, the degree of fault on the part of the defendant. From there, both sides can enter into settlement negotiations.
It is important to note: As easy as it may sound to place blame on the defendant, and win a case based on the defendant’s alleged negligence, the plaintiff must also prove that his own actions or carelessness did not cause the accident. This is why it is important to consult with a Fort Lauderdale personal injury litigation attorney immediately after the accident – before speaking to anyone else about the situation.
Injury is always personal – and can be costly. Put your best foot forward by talking to an attorney. You are likely to discover it was your best course of action.
