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Knowing how to present your claim could prove beneficial when negotiating a settlement.
Most civil lawsuits that take place in America settle before going to trial. This is largely because trials are unpredictable and they are not always the best way to settle any dispute. When it comes to making a slip and fall claim against someone it’s likely that they too will be settled out of court. However, the amount of settlement you’ll receive will depend on many different factors, nevertheless, you can take steps to make sure your case is a strong one, and thereby give you a better position to negotiate from.
Building a stronger case is not always easy, but you can maximize your chances of building a strong case by doing the following:
Proving your Fall Caused your Injuries
It’s not usually very hard to prove that you were injured, particularly as your medical records will show where your injuries are, and how bad they are. However, it may be difficult to prove that your injuries were caused by your fall.
Your doctor, nurse, or any other healthcare professional that you see will have to establish a link between your injuries and your fall. While this could be a good thing, some lawyers like to ask health professionals to prove that you were injured as a result of a fall, and some professionals simply don’t want to make their day longer by giving a deposition.
The good news is that if you’re planning to see your physician again, you may want to talk to them about the matter during your appointment. You should tell them that you have a claim and that their help could resolve it if in a letter they stated that your injuries were caused by or attributable to your fall.
A defense lawyer may want to talk to and examine your physician about the letter, but if they do you should be aware that this could look very good in your favor. This is because the defense lawyer will be seen as the bad guy simply because they wish to dispute your physician’s opinion.

Proving the Defendant was aware of the Dangerous Condition
Let’s imagine you slipped and fell in a property where there were safety issues. You will have to prove that there were dangerous conditions, but this usually isn’t very hard. You could take photographs of the incident, you could get testimonies and incident reports, and you could also prove that the dangerous condition caused your fall.

Using a Sworn Testimony
You are likely to find it difficult to prove that the owner of the property knew about or ‘Had notice of’ the dangerous condition. In order to make this part of your claim a strong one, you will need to prove that someone other than yourself knew about the hazardous or dangerous condition via a sworn testimony. Please note that they will have to state this on record. If you choose not to rely on someone else to give a sworn testimony you should be aware that the court may consider your claim to be self-serving, which means the claim is in your own interest and therefore may not hold quite as much weight.

Taking a Look at Incident Reports
Another way to prove that the property owner had notice is to take a look at the businesses internal report of your accident. Known as an ‘Incident report’ the report is likely to describe what happened, how your accident occurred, who witnessed your accident, and what the injuries were. The incident report may prove to be very useful when trying to establish how long the hazardous or dangerous condition existed.

Using Video Footage
Many businesses have video/surveillance footage of their property. You may be able to obtain a copy of footage that showed the hazardous or dangerous condition existed on their property. If you believe that there may be a video of your fall you should ask for it right away. Many cameras operate on a loop that lasts from 7 days to one month. This means if you do not ask for the video before the next loop the footage will be lost as the system may automatically record over it.

Keeping a record of your injury
it would be wise for you to keep a record of your injuries, and any experiences that were related to them. For example, “I tried to answer my telephone today but I could not grip it”. Keeping a note of incidences like this could help your claim.



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