What Kind of Evidence Do I Need for a Tampa Slip-and-Fall Lawsuit?
Evidence may be important as you pursue a slip-and-fall lawsuit in Tampa. You may be concerned that you will not have sufficient evidence to prove your injuries were caused by a negligent property owner. Perhaps you want to get started with the evidence-gathering process as soon as possible. Whatever the case may be, an experienced slip-and-fall lawyer can guide you through the next steps.
You Need a “Preponderance of Evidence”
The burden of proof lies with you, the accuser. Because you are accusing the property owner of causing your injuries, you need to back up your claims with evidence. How much evidence do you need? The answer is a “preponderance of evidence.” This threshold is roughly equivalent to 50%. In other words, you need to show that the property owner “more likely than not” caused you to slip and fall.
Focus on Your Medical Records
As an injured victim, the most important evidence you can gather is your medical records. In other words, you need to use your medical records to prove that your injuries are real. You can do this by seeking treatment as soon as possible after your accident. If you delay, you may lack the necessary records to prove a “causational” link between the accident and your injuries.
You Might Not Need to Present Any Evidence in Court
Most civil claims never reach the courtroom. In other words, parties are likely to settle slip and fall claims without going to court. When you negotiate a financial settlement in private, there is no need to present evidence before a judge. Instead, your lawyer can simply use their negotiation skills to push for a fair settlement on your behalf. That being said, evidence could still be useful in these negotiations.
Video Footage Could Be Useful
If your slip and fall was captured by surveillance cameras, it makes sense to gain access to this footage as soon as possible. The footage may capture the circumstances of the accident, including any property owner negligence. You can gain access to the footage by requesting a copy during the “discovery” pre-trial phase.
Written Store Policies Could Also Be Useful
Slip and fall victims might also want to obtain copies of written store policies. If you can establish that staff members violated their own written policies, it may be easier to establish negligence. For example, the policy might state that staff members should clean up liquid spills immediately after discovering them.
Can a Tampa Slip-and-Fall Lawyer Help Me?
If you are concerned about evidence in a slip-and-fall lawsuit, a Tampa personal injury lawyer may be able to help. As an injured victim, you should focus primarily on seeking adequate treatment. Once you see a doctor and receive a diagnosis, you can work with an injury lawyer to gather sufficient evidence. Contact Anderson & Anderson today to get started on an action plan.
Source:
flcourts.gov/content/download/215895/file/DIFFERING-BURDENS-PROOF.pdf
