Slip and fall accidents can result in serious injuries that have lasting effects on your life. If you were hurt due to someone else’s negligence, you may have a right to file a case and pursue financial compensation for your losses.
Slip and fall claim documentation in Memphis is necessary in order to prove fault. An experienced slip and fall attorney at the Law Office of David E. Gordon is prepared to assist you throughout the entire process.
If you were injured in a slip and fall accident, there are certain types of documentation that you should focus on gathering immediately. This evidence could be crucial to your case and proving the fault of someone else. Essential documentation includes:
- Incident report
- Pictures of the safety hazard and the injury
- Medical bills and records
- Written statement of employee/management
Collecting the above materials, along with any additional relevant items, is critical to building the case of negligence against another party. Without these pieces of evidence, it could be difficult for a court to make a decision finding another person at fault for the incident. A proactive attorney, like David E. Gordon, can help with this process.
A demand letter is a communication sent from the injured person’s attorney to the responsible party’s insurance company that summarizes the accident, provides all relevant evidence, and requests a certain dollar amount to be paid for losses. The demand letter typically contains all of the following information:
- Photographs of the dangerous condition and of the plaintiff’s injuries
- Evidence that the owner knew or should have known of the hazard
- Medical records and bills
- Verification of lost earnings
In addition to providing all of the documentation listed above, the demand letter details how the client was injured and the medical treatment they received thereafter. The demand letter also includes a list of the ways the individual’s life has been harmed as a result of the fall. The letter concludes with the demand of a specific amount of money from the insurance company to cover all of the injured client’s losses.
Who is the Demand Letter Presented To?
Ordinarily, demand letters are presented to the insurance company for the landowner. There are cases, however, in which the lawyer has not been able to discover the insurance company. In those situations, the demand letter is sent directly to the owner.
What is the Purpose of a Demand Letter?
A demand letter is significant because it demonstrates to the insurance company the legal basis for the lawsuit, as well as the extent of the individual’s injuries. Insurance companies must have this information before they can offer any money. A comprehensive demand letter is essential to receiving a favorable settlement.
Common Arguments Against Slip and Fail Claims
When combating slip and fall claims, landowners often use a variety of legal defenses. One common argument is that the owner had neither actual notice nor constructive notice of the condition—that is, they were not aware of the existence of a dangerous condition. Another frequent claim is that the particular hazard was what the law calls “obvious”. This means that the injured person did not take adequate care of themselves and was injured because they were simply not paying attention to what was clearly visible.
Another defense, though not a complete defense, is that the injured person should have been more careful in observing the environment, and is therefore partially responsible for their injuries. Finally, an assertion that appears in almost every claim is that the injuries are not as severe as the injured person claims. Proper documentation is critical to establishing a slip and fall case in Memphis.
Work with a Memphis Attorney to Secure Documentation of Your Slip and Fall Injury
A Memphis attorney can guide you through every step of the slip and fall claim process, including the documentation aspect. From gathering photographs of the dangerous condition to obtaining recorded statements from witnesses, and most importantly, helping the injured person get the medical treatment that they need – a lawyer at the Law Office of David E. Gordon is here for you. Contact us today to get started on your claim.