Accidents are the most unexpected thing to happen to you.
One minute you are happy, going about your normal business. The next minute you are wondering what just hit you. Or why you just fell flat on your face. Talk about dropping you into a pit of trouble in a short moment.
BUT …
If you know what to do in these situations and accidents, you can speed up your healing. Mentally, physically, and legally.
In this article, you’ll learn:
- How common accidents are
- Why expert witnesses are a big deal in slip and fall trials
- Things to do right after an accident happens
- How to build a solid case
Accident Statistics
First, these numbers are a bit of a shocker.
Slips, trips, and falls on the same level made up 38.4% of all construction industry fatalities in 2022, according to the Bureau of Labor Statistics. That is more than one in three of all fatalities within that industry.
However, the casualties do not stop there. Accidents happen in shopping centers, office buildings, parking lots, sidewalks and other public areas. The annual price tag runs into billions of dollars in medical costs and missed wages.
Expert Witnesses Are a Big Deal in Slip and Fall Trials
Here comes the thing …
If an accident causes legal actions, there are those called expert witnesses in slip and fall trials. And they can mean the difference between winning and losing a case.
This is because they are experts in their fields of study, who explain in layman’s terms, how the accident happened and how the injuries sustained affected the person involved.
Courts know that jurors are not physicians, engineers, or safety experts. They can’t follow the arguments during a case if they are not given in easy to understand terms. That is why expert witnesses are so important in helping juries decide a case. So if you are dealing with slip and fall cases in NYC, you need the right kind of expert witnesses who will give testimony, so that your case is seen in the proper light.
These are some of the most common types of expert witnesses.
- Medical doctors, who provide opinions as to the severity of the injuries and long-term effects they will have.
- Accident reconstruction experts, who recreate what happened.
- Economists and life care planners, who will provide estimates as to the cost of the injuries sustained.
- Building safety and code consultants, who will provide insights as to building code violations.
Each of these witnesses provides a different area of expertise.
Combined, they can provide a more complete set of facts for a jury or judge to consider when weighing the evidence presented during a trial. This is why a well-chosen group of expert witnesses can make or break a case.
The Immediate Aftermath: What to Do
It’s now time to focus on what to do if an accident just happens.
The first few minutes and hours after the accident are the most important. What you do, as well as what you don’t do, can have an effect on the accident.
Document everything.
Take pictures. Get the names and contact information of those who witnessed what happened. Write down the time and location of the accident. All of these will be important at a later date.
Go to the doctor. Even if you feel fine. Some injuries take time before symptoms show. It will be very important to have medical records that start on the day of the accident. They will be needed to support your claim at a later date.
Report the incident to the property owner’s insurance. If you had an accident at work, you need to have an incident report filed. If it is an accident in a store or on public property, you still need to get it on record. If possible, request a copy of that report for your records.
Don’t give recorded statements to insurance adjusters. They will call you before you know it, asking you questions. Tell them that you are not comfortable with answering their questions without first speaking to legal counsel.
Building a Good Case
Something else you might want to keep in mind …
The evidence gathered within the first few days often determines the outcome of the case. Property conditions can change. Witnesses can forget important facts. Surveillance video can be erased.
In other words, time is NOT on your side.
A good case is built on proving several elements. That the property owner knew about the defect in question, or should have known about it. That they failed to repair or warn visitors of the hazard. That this failure directly caused the accident to happen. That the accident resulted in your injuries.
It is not rocket science. But proving all of these points at trial can get quite complex.
For that reason, expert witness testimony can become important. These individuals can review the facts and give opinions that will assist judges and jurors in coming to a correct decision.
The Legal Process
Most of these cases never make it to court.
According to the CDC, there are more than 800,000 persons who are hospitalized in the US each year, for slip and fall injuries. Yet less than 2% of these injury cases actually go to trial. Most are settled beforehand.
But, what matters …
The fact that having a case ready for trial usually provides leverage for negotiation. Insurance companies know when they are dealing with a serious claim, and those with the resources to back them up. They know when expert witnesses have been retained. When this happens, they are more likely to offer a better settlement.
The process usually follows these steps:
- Initial consultation and case evaluation.
- Investigation and evidence gathering
- Medical treatment and documentation
- Demand letter and negotiations
- Filing a lawsuit if necessary
- Discovery phase and depositions
- Trial or settlement
Each stage builds on the one before it. Skipping steps or rushing through them, usually backfires.
Choosing the Right Representation
Not all attorneys are created equal.
Look for one with experience in slip and fall cases. Ask questions about their track record. Do they work with expert witnesses on a regular basis?
The relationship between a lawyer and their expert witnesses, is also very important. Experienced attorneys know which experts communicate well. They also know how to present technical testimony in compelling ways.
A good expert witness does more than provide information. They also present your story in a way that resonates with jurors. They make complex medical or technical issues, understandable and believable.
Prevention
As much as knowing how to handle an accident is important …
Preventing them in the first place is better.
Property owners should conduct regular inspections. Promptly make any necessary repairs. Use adequate warning signs. Ensure that there is proper lighting.
Individuals should also be aware of their surroundings. Pay attention to where you are walking. Wear appropriate footwear. Report hazards if and when they are noticed.
However, accidents can and do still happen.
Even to careful people who are in well-maintained areas. When they do, you need to know your rights and options.
Wrapping Up
Handling unexpected accidents gracefully requires you to be prepared before the accident happens.
Knowing the importance of expert witnesses in slip and fall trials, gives you an insight into how these cases are conducted. Knowing what to do, immediately after the accident, helps to protect your interest. Knowing the importance of getting the right legal representation, ensures that you don’t go it alone.
To summarize:
- Document everything immediately after an accident
- Get medical attention regardless of how you feel
- Expert witnesses can make or break your case
- Most slip and fall cases are settled before going to trial but preparation is key
- Get the right legal representation with specific experience in these matters
Accidents can hit you with a curve ball. But, with the right knowledge and backup, you can hit a homerun every time. The key is to act fast, think ahead and have the right people around you.
That is how you can create the best outcome for yourself, after an unexpected accident.