5 Steps To Preserve Your Slip / Trip and Fall Case

Lever & Ecker, PLLC May 6, 2015 Slip Trip & Fall

One of the most important things a person can do for themselves if they’ve experienced a slip and fall accident injury is to preserve the information about the incident. It’s also important to remember that the terminology “slip and fall accident” can pertain to several things. It can also mean that a person has twisted their ankle in a pothole, tripped over loose debris, or stumbled on stairs. These are only several examples of “slip and fall accidents”. The key point to remember is to preserve information as quickly as possible after the accident has happened.

Obtain Plenty Of Physical Evidence

If a person needed to seek legal advice on a slip and fall accident injury, they would need plenty of physical documentation. Examples of physical evidence include witness statements, police reports, medical records, and photographs. Damaged personal property, such as any clothing that may be ripped or bloody, should be kept or photographed for evidence. It can be difficult to remember these things when an accident first happens, but all this information will be needed.


Photographs of any accident scene can be difficult to obtain. If a person has fallen in a public place, they may not be able to access any footage from security cameras. If an accident is severe enough, the injured person might not be in any condition to take photos of the surrounding area in which they’ve fallen. Photographs at the time of the accident are extremely important as they will show what a person has slipped on or tripped over. It’s also very important to take photos of any injuries a person may have. Photos should include what the person has tripped, slipped, or fallen over.

Witness Statements:

A witness statement may be used to a person’s defense if any type of legal action be necessary. It is one thing for a person to claim they’ve injured themselves, but the support of witness statements can help to confirm it even more.

Police Reports:

Any accident should be reported to the police. Police reports will help protect the injured party should legal actions arise. Police reports will also have a list of witnesses, a description of what caused the accident, and possibly photos.

Damaged Personal Property:

If a person’s personal property is damaged in a slip and fall accident, it should be documented. Their clothing may become ripped or bloodied. Anything that is damaged in this type of accident should be documented.

Medical Records:

A person may need to see a physician after a slip and fall accident injury. If legal action were to begin, a person would need to have record of any medical care for the injuries from the accident. For any type of reimbursement to be made for medical expenses, records must be readily available. It is advisable for anyone that has been in a slip and fall accident to seek medical counsel. A physician will know what to look for and diagnose injuries from an accident. Injuries may not be noticeable at first, but it’s best to start a medical record immediately.

Why Physical Evidence Is So Important

Obtaining physical evidence for a slip and fall accident injury can be a burden, and very time consuming. It must be done, especially if there is any legal action to be taken. Without physical evidence, a person might not have a viable case. Unfortunately, the at-fault party in the incident might try to destroy evidence that caused the accident and injury. It would be advisable to seek legal counsel, and the attorney that is working with the injured party will need as much information as possible for the strongest case.

Seeking Legal Advice

A person that has injuries from a slip and fall accident should consider seeking legal counsel. They should carefully research the personal injury lawyers in their area. A lawyer should explain how their fee structure works.

An attorney should also explain to the injured person what to expect from the case should it go to court. The attorney may feel that the case will not compensate much. This is important to know so that the injured person can decide whether or not to move forward with a case.

Moving Forward With A Legal Case

If an attorney feels it is advisable to move forward with a legal case, the injured person must now make sure that their physical evidence is complete, and up-to-date. The attorney may request even more information from the injured person. A knowledgeable and professional attorney will then use this information in deciding what course to take with a legal case. The attorney will advise as to whether an individual should agree with a cash settlement. The attorney will also advise their client on court behaviors and how to dress. While this may seem strange to the client, the attorney will make these suggestions with the client’s best interest in mind.

Be Prepared

In summary, the best thing an individual that has been injured in a slip and fall accident can do is have as much physical evidence as possible. An experienced, professional attorney will help the individual through the legal process to get the best result. For more information regarding slip and fall accidents and injuries, please visit our slip and fall FAQ page here.