What Evidence Do You Need After a Slip-and-Fall

A cracked step, broken sidewalk, or wet floor can all lead to a slip-and-fall. While some people may get up and dust themselves off, others may suffer serious injuries. Each year, more than one million people visit the ER due to slips-and-falls, with one in four people over the age of 65 falling victim to a fall. Knowing your rights is key to recovering maximum compensation, which is where our Nashville slip-and-fall accident attorneys can be of assistance.

Elements of a Slip-and-Fall Claim

A slip-and-fall claim depends on establishing that another party acted with less than reasonable care, known as negligence. This involves proving the following:

• Duty of care: You must show that the property owner, manager, or occupier owed you a duty to maintain a safe environment. For example, a restaurant owner has a duty to clean up a spill or alert patrons of a slippery floor.
• Breach of duty: You must show that the property owner, manager, or occupier failed to warn you of the hazard.
• Causation: As a result of violating their duty, you suffered harm.
• Damages: The accident caused you to sustain compensable losses such as medical bills, lost income, and pain and suffering.

Evidence to Prove Fault in a Slip-and-Fall

If you or your child were injured in a slip-and-fall, you must show the property owner, employee, or occupier created a dangerous condition or was aware of the hazard. The following evidence may be used to trespass:

• Photographs of the premises can show a dangerous condition. If your child was injured while using a trampoline on your neighbor’s property, you can take photos of the trampoline to show the ease of accessing the property. (Under Tennessee law, property owners owe a duty of care to children trespassers in limited circumstances).
• Security camera footage shows that the owner or occupier knew of the danger but failed to warn you of the hazard and fix it.
• Eyewitnesses which saw your fall and can provide a brief statement on the sequence of events leading up to your fall and what followed.
• Your clothing and shoes: In some situations, a property owner may claim that your footwear contributed to the fall. Be sure to put your shoes aside as they may be entered into evidence.

Evidence to Prove Damages in a Slip-and-Fall

Proving the other party’s fault is only one piece of the puzzle, with the other part involving gathering any accident-related expenses. Proving losses, non-economic damages in the law, that you sustained due to your fall will help you recover the full extent of damages. Non-economic slip-and-fall lawyers are prepared to assess your case to determine what damages you may be entitled to and to assist in calculating amounts.

Damages can be divided into economic and noneconomic damages. Economic damages are any financial losses that you sustained as a result of your fall, while noneconomic damages are intangible losses that impact your quality of life.

Evidence to support economic damages in a slip-and-fall case typically include:

• Medical bills, including invoices for ambulatory services, emergency room care and treatment, and surgeries
• Receipts for prescriptions and over-the-counter drugs
• Receipts for mobility aids, such as crutches, wheelchairs, and walkers
• Receipts for home modifications, such as widening doorways, stairlifts, and grab bars in the shower
• Homemaker service invoices, which may include cleaning, shopping, and other services required while you recuperate
• Pay stubs, W2s, and tax returns to reflect lost wages

Common noneconomic damages in a slip-and-fall include:

• Pain and suffering
• Emotional distress, economic, and/or depression
• Post-traumatic stress disorder (PTSD)
• Permanent disability
• Loss of consortium (derivative claim brought by the spouse of the injured party)
• Humiliation
• Scarring and/or disfigurement

Since noneconomic damages do not come with a price tag, they can be tricky to justify. Evidence to support noneconomic damages in a slip-and-fall case may include:

• A daily pain journal, which can describe your pain levels, your mobility needs, your overall mood, and when new symptoms present
• Testimony from a licensed clinical social worker or mental health professional
• Your mental health records
• Testimony from family, friends, and co-workers
• Photographs of your physical injuries, especially if you have suffered scarring or disfigurement

Since noneconomic damages are more difficult to quantify, TN Code § 29-39-102 places a $750,000 cap on most personal injury claims, with a $1 million cap for catastrophic injury cases. If you want to learn more about your ability to recover damages, you should speak with our legal team.

Reach Out to Our Nashville Slip-and-Fall Lawyers Today

A slip-and-fall can come with significant expenses, leaving you unable to pay your rent or afford necessities. Getting maximum compensation for accident-incurred costs can help you to completely put the incident behind you. If you or a family member has been injured in a slip and fall, now is the time to reach out to our Nashville slip and fall attorneys. To arrange your free consultation, contact Bednarz & Bednarz online or by calling (615) 623-8789 at your earliest opportunity.