San Diego is a fast-growing city in which many construction projects are going on. The rise in construction projects inevitably resulted in a rise in slip-and-fall accidents. The victims in the city have two options following a slip and fall accident. They can settle out of court or file a lawsuit. If the victim chooses to file a lawsuit, they will need to go through the process of trial and convince the jury to obtain compensation. Slip and fall accident victims in San Diego should consult their lawyers immediately if they are going to trial since it is not easy to convince a jury on their own. The victim will need to provide solid proof to prove that the defendant was negligent and that caused their injuries.
The following tips will help you in winning a slip-and-fall case:
Provide Strong Evidence
This may include the testimonies of eyewitnesses, photographs of the scene of the accident, and any CCTV footage. In addition to that, it is crucial to provide all the important paperwork and documents, such as the maintenance records of the property and reports filed related to incidents or accidents. The defense will attempt to challenge the plaintiff’s account if there are no witnesses to the incident. If a jury believes that there is more than a 50 percent chance that the plaintiff is telling the truth, then the jury will make a decision in favor of the plaintiff. However, if the jury believes that the plaintiff is lying about some aspects of the claim, then the decision won’t be in favor of the plaintiff.
Hiring Expert Witnesses
It will help the plaintiff demonstrate that the property owner did not take the required steps to prevent accidents. Expert witnesses can provide testimonies related to the best practices and how a particular act of negligence caused a specific injury.
Focus on the Damages
A lawyer should ensure that the jury understands the entire scope of the victim’s injuries and how the victim has been impacted by them. The focus of the lawyer should be on the financial and non-financial damages, and they should present a picture to the jury that their client has suffered damages due to the irresponsible behavior of the other party.
Violation of Duty of Care
A lawyer should be able to prove in court that the defendant had violated their duty of care towards the victim by not keeping the premises safe or by not providing a warning to the victim.
Using Visuals
A professional lawyer should use photos and footage to help the jury understand the nature of the accident and how the defendant’s negligence caused the victim harm.
Cross-Examination
A lawyer should always be prepared for the cross-examination, and the attorney of the defendant will always attempt to deny and refute the testimonies and other evidence provided by the plaintiff’s lawyer. Therefore, it is critical to be prepared in advance for any arguments that the defendant’s attorney could make.
In San Diego, if it is found that the fifty percent fault is of the plaintiff, the plaintiff loses the case. The defense always alleges that the plaintiff was partially at fault. The defense would contend that numerous individuals walked over the premises or property without incident. Therefore, an attorney is essential to refute those claims by providing factual evidence and a record of your injuries.