Slip and fall accidents happen all the time, whether on an icy sidewalk, a wet floor, or some kind of obstruction. Most people are able to get up and resume their daily lives after falling. But some particularly bad spills can lead to severe, and maybe even life-changing injuries.
If you or a loved one has been injured, you might be wondering what next steps you should take after a slip and fall accident in Las Vegas. Apart from checking out your injuries with a medical professional, connect with a personal injury lawyer who can assist you with gathering evidence and filing a claim.
What Kind of Evidence Should I Gather for a Slip and Fall Accident?
When it comes to gathering evidence for slip and fall cases, it’s best to start with the location where the accident happened. Some of the most helpful pieces of evidence include photos of the location you fell or at the scene of the accident, a log of your account of the accident, and medical records to show your injuries.
Visual Evidence at the Scene
If your slip and fall accident led to severe injuries, and you weren’t able to get photo or video evidence at the scene of the accident, you can go back later to snap photos of the area where it happened. You may find it helpful to get pictures of the surrounding area too, as well as any other aspect of the area that may have led to your fall.
Your Account of the Accident
Shortly after your slip and fall accident, record your account of how your slip and fall accident happened. It is always better to do this sooner rather than later, as slip and fall cases can take months to reach court. By then, you may be less clear about the important details.
In your log, be sure to record pertinent information such as the date and time of your accident, how it occurred, what events led up to the accident, and how you have been personally impacted by the fall and your subsequent injuries. You can write a written log, record a video of you speaking about what happened, or create a voice memo.
Perhaps the most convincing piece of evidence you can gather is your medical records that relate to the injuries you sustained from the slip and fall accident. Detailed medical records can show that physicians confirmed your injuries and recommended a certain treatment plan to help you recover from them. You can gather:
- Notes healthcare professionals put in charting software
- Medical bills you have accrued
- A log of the appointments you went to for your injuries
How to Prove Negligence By Another Party in Slip and Fall Cases
Perhaps the most difficult part of a slip and fall case is proving negligence, or that another party acted irresponsibly, leading to your injuries. Slip and fall cases are notoriously ambiguous. But working with a skilled lawyer can significantly increase your odds of proving another party’s negligence.
In order to prove negligence, you and your lawyer must be able to prove that the other party:
- Had a duty of care
- Failed to meet those duties
- Their action or inaction led directly to your injury
Duty of Care
Duty of care simply means that the other entity had a basic expectation that they would keep their building or environment free from hazards. People who enter a public building or private business reasonably expect to walk without running into dangerous obstructions, so maintenance staff are expected to keep buildings in safe conditions.
Breach of Duty of Care
A slip and fall accident caused by an obstruction or hazardous condition may allude to a breach of duty of care on the part of the building manager or owner. A breach of duty of care basically means that the person or entity responsible failed to meet reasonable expectations of safety on their property.
The final aspect of proving negligence is establishing a direct link between the breach of duty of care and your injury. This is far easier to prove when there is evidence that a building manager or property owner knew about the hazard for a long time but failed to act and remedy the situation.
Your attorney will fight to establish these three aspects of negligence in order to help you win your case and get the compensation you need to recover from your injuries.
How Long Do I Have to File a Slip and Fall Claim in Nevada?
The statute of limitations in Nevada under NRS § 11.190 is two years, meaning that you have two years from the date of your accident to file a claim. Some victims put it off until the last minute, and various logistical challenges delay the process, resulting in their case getting tossed out.
As such, it’s always in your best interest to get in touch with a lawyer as soon as possible, so they can help you file your claim on time.
Need an Attorney for Your Slip and Fall Case? Contact Pacific West Injury Law Today!
If you have suffered from injuries from a slip and fall case, and you aren’t sure what to do next, contact the team at Pacific West Injury Law today. We pride ourselves on helping hundreds of clients hold guilty parties accountable and receive millions of dollars in settlements, and we want to help people like you receive the compensation they deserve.