Do You Need Witnesses to Win a Slip and Fall Case?

Witness statements can help victims win their slip and fall injury lawsuits. But will not having witness statements put your case in jeopardy?

Getting statements from expert witnesses and eyewitnesses to use in your slip and fall accident lawsuit can help your case succeed during a trial or settlement negotiations. Experts can explain the seriousness of victims’ injuries to juries and determine how the accident happened and why the defendant was negligent. Eyewitnesses can give firsthand accounts of what they saw, confirming victims’ accounts and the facts listed in their complaints. If no one else saw the accident happen, take pictures of the area and call for help. Even without eyewitness statements, victims can still win their claims with the support of other evidence, like expert witness testimony, security camera footage, photographs, and their medical records.

Call (718) 841-0083 today to get a free case analysis from The Carrion Law Firm’s New York slip and fall lawyers.

What Kinds of Witnesses Can Help You Win a Slip and Fall Case?

Witnesses are important in injury claims, including those brought for slips and falls. Both expert witnesses and eyewitnesses can provide strong statements and testimony during lawsuits, helping victims get the compensation they need for their economic and non-economic losses.

Expert Witnesses

Victims’ injuries are of particular interest in slip and fall cases, which is why medical experts can be so useful to victims and their recoveries. These experts can review your medical records in detail, explaining the scope of treatment you have received and additional care you will need in the future. Experts can also explain how the specific slip and fall would have caused your specific injuries, helping us prove the link between the defendant’s negligent act and your damages.

Other experts may be able to review photos or physical evidence from the accident’s location to pinpoint forensic information that could prove exactly how you fell, slipped, or tripped and why. Experts typically lend credence to a case, and our Albany, NY slip and fall lawyers can enlist the appropriate experts with the credentials necessary to impress a jury.

Physically limiting injuries often affect victims’ quality of life, for which they might seek help from mental health professionals. Mental health experts can explain the anxiety, depression, or post-traumatic stress disorder commonly seen in victims with similar injuries or hurt under similar circumstances. This can help victims recover the essential non-economic damages they need for pain and suffering after slip and falls.

Experts can also aid with victims’ recoveries of future financial damages. For example, physicians can testify to upcoming treatments you will need and their costs so that your lawsuit covers those expenses. Furthermore, if medical experts believe you cannot return to work for a longer period of time, you could get compensation for future lost wages as well.

Eyewitnesses

Eyewitnesses can give statements that correspond closely to a victim’s, which can help prove certain elements of a case, like breach of duty of care and causation. If you notice any eyewitnesses nearby after the slip and fall, ask them for their contact information. You don’t have to go over the accident in detail with eyewitnesses; just let them know that our lawyers may reach out in the coming days to collect and preserve their statements.

Preserving eyewitness statements is essential, as they might become less useful or dependable over time. The more specific the statements are, the better, so we will speak to eyewitnesses as soon as possible after your slip and fall.

Our lawyers can leverage eyewitness statements during settlement negotiations so the defendant understands the evidence they will face if the case goes to trial. In court, eyewitnesses can testify about a defendant’s negligence or other aspects of an accident that they saw firsthand, strengthening your case in the eyes of the jury.

Can You Win Your Slip and Fall Case without Witness Statements?

When slip and fall accidents happen in stairwells or more secluded areas, there might not be any eyewitnesses. If there are no eyewitnesses to interview after the accident, our lawyers can use other evidence to prepare your case for success.

First of all, just because it seems like there were no eyewitnesses does not mean that is the case. If you did not see or speak to eyewitnesses after the incident, our lawyers can investigate further to uncover their identities. For example, if you called the police, law enforcement officers might have talked to eyewitnesses and included their contact information in the incident report, which we can get in the following days.

If there truly were no eyewitnesses to the event, focus on gathering other evidence. For example, victims should take photos at the scene, including the cause of their injuries. For example, if you tripped in a dimly lit stairwell, photograph the area. Our lawyers will also quickly determine if a surveillance system on the property could have filmed the accident and, if so, will aim to obtain the footage immediately. This footage might be even more compelling than eyewitness statements, as it may show exactly how your slip and fall happened and how the defendant was negligent.

All of that said, even without eyewitnesses, our lawyers can still get expert witnesses to help with your case.

Furthermore, even with eyewitness statements, victims still need additional evidence to prove fault and liability, including photos from the scene and their medical records. Medical records are some of the most important evidence in slip and fall injury claims, as they can show victims’ exact injuries and medical damages. Though you can win your case without eyewitness statements, do try to identify and talk to eyewitnesses after the accident.

Call Our Lawyers to Discuss Your Slip and Fall Injury Today

Call our Brookhaven, NY slip and fall lawyers at (718) 841-0083 for a free case assessment from The Carrion Law Firm.