Las Vegas is a busy, exciting city with thousands of visitors daily. Accidents also occur frequently, and many (including slip & fall accidents) are due to another person’s or business’s negligence.
If you had a slip and fall accident in Las Vegas, you might be entitled to compensation for your injuries. However, in many slip-and-fall lawsuits, it’s challenging to prove that someone, or some business, is at fault for your accident and, therefore, liable for your compensation.
Slip and fall accidents fall within a specific category of personal injury claims known as “premises liability.” In Nevada, a business owes its patrons a duty to keep its premises reasonably safe for use. If the company doesn’t keep its premises safe, they may be negligent and, thus, held liable for your injuries.
You must note, however, that “slip and fall” cases are one of the most difficult Las Vegas personal injury cases to bring to court, prosecute successfully and win.
In many instances, it’s often difficult to prove that the business created or knew of the dangerous condition, particularly those created by someone other than the business’ employees or agents. In all these cases, all witnesses play a critical and crucial role in gathering needed information to file your claim and successfully prove negligence to obtain the compensation you rightfully deserve.
That being known, it’s critical that you, or someone helping you, ask witnesses what they saw or heard at the scene. Insist that you get the names and contact information of the people nearby and all the business employees who may have been in the area.
Remember, you (as the plaintiff) and your Las Vegas slip & fall lawyer have the burden to prove that the business knew or should have known that the liquid was on the ground or any other obstacle or hazard that caused you to be injured.
How Can I Obtain a Valid Witness Statement After My Slip & Fall Accident?
You should get the witness’s statement immediately after your slip and fall occurs. This should always be done at the scene and (with the witness’s permission) be recorded or written down.
Your witness should include all pertinent information about the who, what, when, and where of your accident. Witness statements with the highest number of accurate details will carry enormous weight in proving your slip & fall injury lawsuit.
These witness statements should (at the least) include the following:
- How your slip and fall occurred based on their firsthand observations.
- Your immediate injuries and visible pain and suffering.
- Any personal property damage caused by your fall.
The more detail and related information the witness can talk about, the better for your case. Any related information, no matter how seemingly insignificant, should not be left out. All this valuable information will give your professional Las Vegas attorney the information they need to obtain the compensation you rightfully deserve
What Can I Do If a Witness To My Slip & Fall Won’t Testify?
There is always a chance that this is an issue, but your experienced Las Vegas slip & fall lawyer will know precisely what to do about it.
The validity of any slip & fall lawsuit may hinge on the testimony of one witness or more. Eyewitnesses will help your case with essential information about your accident, how it occurred, and what caused it.
Many witnesses will provide testimony without being compelled to do so, but others may be highly reluctant. No matter the reason the witness may have for not cooperating, in most lawsuits, these witnesses can be required to testify using subpoenas.
The subpoena power is a powerful legal tool that can be used once your lawsuit has been filed. It is a means to gather valuable evidence related to your case, even against the objection of individuals who have it.
Your professional, aggressive Las Vegas personal injury lawyer will know precisely how to use this legal tool so that the witness must tell the court any pertinent information
What Other Steps Should I Take Immediately After My Slip & Fall Accident
Statistically, slip & fall injuries are one of the leading reasons for you to go to the hospital emergency room. You are often injured in a slip & fall accident due to the fault of another, so It’s vitally important that you fully understand your legal rights.
Slip & fall injuries can be minor, but the majority cause broken bones, disabling back injuries, and even TBIs (traumatic brain injuries). The medical bills can skyrocket into thousands of dollars, and you may even need treatment for the rest of your life.
The following are a few essential items needed to mount your case, file it, and obtain compensation for the treatment you need to recover and thrive:
- Most importantly, get the names and contact information of any witnesses at the scene – These first-hand accounts are invaluable for filing and proving your case.
- Identify exactly what happened and caused your accident – Have someone document precisely what occurred as soon as possible and always do this at the scene.
- Take photos of the scene itself, especially the hazard that caused you to be injured – Note the general area, and if outside, the weather and lighting conditions. Note any nearby cameras that may have recorded the incident.
- Make notations of any dangerous circumstances at the scene – Examples of these would be water or liquid on the floor, puddles, broken or uneven pavement, debris, etc.
- Warning signs for hazardous conditions, or the absence of warning signs – If unsafe conditions did cause your accident, it’s highly significant to note whether the hazards were marked or not.
There is no such thing as “too much evidence” in these cases, and firsthand witness information is vitally important for your Las Vegas slip & fall lawyer to draft a successful filing and professionally litigate your case.
I’ve Been Injured In a Slip & Fall Accident in Las Vegas; How should I Proceed?
What may be a simple accident could end up having long-term effects on your life and your family’s future.
Accurate, professional legal insight is vital in determining your next move if you’ve suffered from a slip and fall. Consulting immediately with a Las Vegas slip & fall lawyer with the experience, knowledge, negotiation skills, and legal resources will help make sure you get back on the right path to secure your health, and obtain the finances needed for you and your family.
Remember, your empathetic personal injury law team knows what you need and the best legal path to obtain it. Consult with them immediately and receive the paramount legal representation you deserve.