A premises liability case is no harder to prove than any other case. You certainly must do your due diligence. But, once you have all the proof in the capable hands of your premises liability lawyer, you can rest knowing he will know what to do.
In The Beginning
Your health and well-being are always the priority. If you are able, use your cell phone to take a picture of the accident from all angles. Include anything that will help determine where the accident scene is, like a street sign, stairwell, even house or apartment numbers. If you are unable to do this, ask someone to do it for you. This evidence will go a long way in proving your case while the scene is untouched. Gather the names and phone numbers of any witnesses.
Seek medical attention. There are injuries that do not show up for some time. When adrenalin is pumping, and your body is in this state, you may not feel the pain. There are people who were charged up and running all around at the scene, only to find out when they reached the emergency room that they had a broken foot!
Call a Personal Injury Attorney
As soon as you have been cared for medically, your next order of business should be to contact a premises liability attorney. Give him or her all of the information you gathered. He or she will get copies of medical records, police reports, and probably a second opinion on your health.
- Keep everything in a binder so you will not lose anything
- Do not give a statement to anyone during or after the accident
- Not in person
- Not on the telephone
- Not on e-mail
- Not on snail mail
- Make a note of any admission of guilt or of anyone “knowing” someone was going to get hurt if that was not fixed.
- Follow your doctor’s orders
- If you have to have someone come and help care for you, make notes on when they arrived and how long they stayed (and of course what they did for you)
People today use social media continually. We post pictures, tell stories, keep in touch with friends and disagree about religion and politics.
In states like New York, New York personal injury attorneys are using social media to show the judge that you are not as hurt as you claim. It is legal, and they can get past the screen. Perhaps you hurt your back in the accident. This is in the claim made against the insurance company. But then you post a pic at a beach lounging in a beach chair with a big smile and a cold tropical drink in your hand. You may even caption the picture. The attorney will show you laying on the beach having fun with a drink with your toes in the sand.
That picture does not show how it took two people to get you to the chair and they brought you drinks and tried to make you happy. It does not show that you were in pain, but put on a smile because you did not want to ruin everyone’s fun.
During your case, do not use social media for any reason. It can destroy you. The most innocent statements taken out of context can ruin your case.