Heymann & Fletcher
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What evidence do you need for a premises liability claim?

When you get hurt in a store or on someone else's property, the law in New Jersey may authorize you to bring a premises liability claim against the homeowner, business owner or property manager. Premises liability is the legal and financial liability people incur by allowing others onto their property.

In some cases, the liability insurance that the business or homeowner carries will accept a claim and cover all of the costs associated with the injury you suffered on the property. Other times, the insurance company, homeowner or business owner may try to fight your claim to avoid paying out.

In that situation, you will likely need to file a civil lawsuit to recoup the financial losses you suffered because of your accident. One of the most important parts of any successful premises liability action is the careful gathering and presentation of evidence related to your case.

What kinds of evidence will help your claim?

New Jersey has certain standards for evidence in criminal and civil cases. What is most important is typically that your evidence is relevant to the case and isn't just an attempt to distort facts or potentially smear the other party. Beyond that, evidence should be authoritative and verifiable. Certain forms of evidence are easier to contest than others.

Witness statements, for example, are useful but not infallible. Research on the faults in human memory has made it clear that witness testimony can be highly problematic and inaccurate, as people tend to remember what they want to remember and not what necessarily happened. While witness testimony can certainly help, the best legal cases will also involve neutral third-party corroboration of witness claims.

Video footage from security cameras in the business can provide neutral, clear evidence that you experienced the accident you claim inside of the business. Home security systems or emails can also corroborate your version of events. A report made to the business owner about the accident or injury can also help substantiate your claim.

You will need proof of the impact as well, not just the accident

The need to demonstrate actual harm experienced because of an accident is a component of a successful personal injury claim that too many people overlook. You don't just need to show the courts that you fell at the business, but also that your fall had a verifiable impact on your health, quality of life or overall well-being.

Medical records that show the severity of the injury you suffered, as well as work records showing that you have missed out on pay, can absolutely bolster your claim for compensation. Gathering evidence as quickly as possible, including alerting the store to your injury and requesting copies of their security footage and internal records from any accident report you made, will strengthen your premises liability case and improve your chances of getting the compensation you need.

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Heymann & Fletcher
1201 Sussex Turnpike
Randolph, NJ 07869

Toll Free: 800-481-8549
Phone: 862-781-0029
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Heymann & Fletcher
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PO Box 518
Mount Freedom, NJ 07970

Toll Free: 800-481-8549
Phone: 862-781-0029