San Diego Personal Injury Attorneys | Elia Law Firm, APC



Can You Sue If No One Witnessed Your Slip and Fall Injury?


Slip and fall accidents can cause a wide range of injuries. In the best case scenario, they leave you with nothing more than a bruised ego and a little bit of soreness. But for many others, the outcome is far worse. Some victims experience broken bones, traumatic brain injuries, and other painful and dangerous injuries. This situation becomes even more frightening if no one sees the accident happen. Not only may you struggle to get the help you need, you may find it difficult to start your San Diego slip and fall injury claim. That’s where we step in to help. Our team of committed and passionate slip and fall injury lawyers fights for the compensation our clients deserve. Call Elia Law Firm at 619-444-2244 to set up your free consultation now.

Certain groups are at greater risk of serious injury in slip and fall accidents. Elderly individuals are likely to suffer serious or even fatal injuries. In 2020, over 36,000 people aged 65 and older died as a result of a fall. In this same year, there were three million emergency room visits for senior citizen falls. However, children are also at risk of injuries. They are naturally more clumsy and unstable, and furthermore, they are prone to taking unnecessary risks as they explore their boundaries.

Your Rights After an Accident With No Witnesses

Can You Sue If No One Witnessed Your Slip and Fall Injury

First, don’t listen to those who say that you cannot sue if your slip and fall did not have any witnesses. There is nothing in the law stating that unwitnessed personal injuries are barred from compensation. Yes, it is definitely easier to file a claim against the liable party if your accident has witnesses—but that doesn’t mean that a claim is impossible. You still have the right to gather evidence, seek medical care, and discuss your options with a slip and fall injury lawyer in San Diego.

Taking the Right Steps After a Slip and Fall

What you do after a slip and fall is always important, but it’s even more critical when you don’t have any eyewitnesses. Failing to take the proper steps could weaken your claim further. First, report the accident to whoever is responsible for the property. If it happened in a store, speak to the manager and tell them what happened. Fill out all necessary incident report forms. If it occurred in someone’s yard or home, notify them right away. From there, you should seek medical care at the nearest urgent care facility or emergency room, depending on how serious your injuries are. Prompt medical treatment is not only important for your health, but it’s also crucial for linking your fall to your subsequent injuries.

Important Sources of Evidence

When you don’t have any eyewitnesses who can back up your claim, it is very important to gather as much other evidence as you can. You should take photos of where you slipped and fell, as well as photos of your injuries. If you’re injured in an unfamiliar area, ensure that your photos catch nearby attractions or signs so you can point out exactly where it happened. Gather all medical records and bills related to your fall, since those can go a long way in proving the extent of your injuries. If you file an incident report with the property manager or owner, get a copy before you leave. Your slip and fall attorney may also look into other types of evidence, such as maintenance records showing that the property was in poor shape, surveillance footage, and expert witness testimony.

How a Slip and Fall Attorney Can Help

While we always recommend talking to a slip and fall injury attorney for a slip and fall injury claim, we are even more emphatic about it when you have no witnesses. The insurance company knows it only has to put a little pressure on victims to get them to drop this type of claim. They may even mislead you about your rights. In particularly egregious cases, they may even imply that you are lying about your injuries in order to get a payday out of them. Your slip and fall lawyer will put a stop to that and build the strongest case possible—even without eyewitnesses.

Injured in a Slip and Fall Accident? Call Elia Law Firm Today

Don’t wait any longer to find out if you can seek compensation for your slip and fall. During your free phone consultation with Elia Law Firm, you can tell us more about your accident and plan your next steps. Reach out online or call us at 619-444-2244 to get started.

Steven Elia
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