Slips and falls are some of the most serious accidents, leaving victims with extensive and sometimes permanent injuries. Yet the burden lies with the victim to prove that the property owner or other responsible party negligently permitted the conditions that caused the accident. Doing so requires compelling evidence, typically in the form of photos, videos, and witnesses.
If you were injured in a slip and fall accident in Nassau or Queens, the actions you take next will affect your legal right to monetary compensation. Working with the experienced personal injury attorneys of Bornstein & Emanuel, P.C., you can present your strongest argument for the justice you deserve.
Documenting the Accident Scene
There are many different types of slick, slippery, and unstable surfaces that can cause a slip and fall. A few examples include:
- Icy, snowy, and rainy parking lots
- Uneven and broken sidewalks
- Liquids spilled on the floor of a grocery store
- Beverages spilled inside a bar or restaurant
- Loose and unsecured cables and wiring
- Bunched up floor mats at business entrances
- Clutter and debris in hallways
- Poor lighting
- Lack of safety handrails
The problem is that the conditions that cause slip and fall accidents can and often do change soon after the incident. Restaurant staff will mop up the floor, employees will clean that spill in the grocery store aisle, and the broken sidewalk could quickly be repaired. If your accident was caused by poor weather like ice or snow (not uncommon in Nassau and Queens), it will be gone in a matter of hours at most.
As soon as you can, you need to record photographic and video evidence to document the scene and prove that there were conditions that caused your accident. Make sure you take close-up pictures and videos to record sufficient detail, but also some shots from further away to prove the location and add context. Recording from different angles can also document liquids and other substances that are difficult to capture due to glare and light reflection.
Documenting Your Injuries
You also want to record evidence of the physical injuries you sustained because of your slip and fall. All of these are common injuries that victims experience in Nassau and Queens slips and falls:
- Deep bruises
- Head, neck, and back injuries
- Spinal cord injuries
- Broken bones
- Lacerations
- Internal organ damage
- Internal bleeding
Of course, many of these are difficult to capture directly on video or in a picture. But you can document their effects after the accident. For instance, if you are having difficulty walking or working due to a back injury, you will want to record videos that show your physical limitations with sufficient detail to prove how badly you were hurt.
Witnesses Are Critical to Compelling Legal Claims
Third-party witnesses who can back up your story and supply missing details are essential to making a good argument for the legal damages you need. Although your own recounting of the incident is certainly important, the help of neutral witnesses cannot be overstated. A witness may have seen something that you did not or have knowledge to which you were not privy.
For example, a business employee may know that the establishment has a history of delaying action to clear up ice and snow from its parking lot, allowing people to slip and fall. The server at a restaurant may know that the slick substance on the floor was there for an unreasonable amount of time. Witness testimony isn’t just about what was observed at the time of the accident, but the background facts that give context to it.
If possible, ask people who were in proximity to the accident if they would be willing to give a statement. Get their names and contact information and try to obtain a written statement as soon as possible while their memories are still fresh. Your attorney can assist with this process and identify other witnesses who can testify on your behalf.
We Take Quick Action on Behalf of Our Clients
Our firm understands that taking a responsive approach immediately following a slip and fall accident is the best way to advocate for our clients. If you or a loved one slipped, tripped, or fell in Queens or Nassau, do what you can to document the accident scene and injuries and get witness statements. Then, call or contact our firm online to begin working on your case.
