If you were injured on someone else’s property, you may file a claim to have your medical and other expenses reimbursed. The process of navigating that claim, however, can get complicated. One of the most crucial steps in the process is understanding the importance of preservation letters and incident reports.
Our Virginia Beach premises liability lawyers are happy to help. With over 100 years of combined legal experience, we understand the nuances of Virginia law. We also know what steps the property owner and insurance company may take to avoid paying you the settlement you deserve. Having our team on your side can mean the difference between getting shortchanged and recovering the full amount you’re owed.
What Is a Preservation Letter?
A preservation letter is a formal request, in writing, sent to the property owner, business, or other entity responsible for maintaining the premises where you were hurt. Your premises liability lawyer will send this right away to ensure that any evidence related to your accident is not destroyed or altered.
The strength of your case depends on the evidence you have to support your side of the argument. Unfortunately, evidence is often easy to lose or discard, particularly when the property owner cleans up the accident scene. Some property owners may even try to purposely get rid of evidence to avoid liability.
Also known as a preservation notice or preservation demand, a preservation letter puts the property owner on notice of their duty to save evidence like photographs of the scene, maintenance records, surveillance footage, and any other evidence that may help strengthen your case.
It also establishes a timeline, showing when the property owner knew about your claim, and shows that you are serious about getting compensated for your injury, which may encourage the other side to settle.
It helps to have an attorney on your side, as they know exactly what to put into a preservation letter—including what evidence the owner should save. If you slipped and fell on the property, for example, the business may have an incident report identifying a key witness. Your attorney may ask for that report to be preserved. Or the business may have maintenance or cleaning records that will also be important to your case.
Drafting and sending the preservation letter is often one of the first steps your premises liability attorney will take on your behalf. It’s one reason why it’s important to call your attorney as soon as possible after the accident before any evidence is lost or destroyed.
What Is an Incident Report?
An incident report is a factual account of what happened in the accident. It usually includes information like who was involved, when the accident happened, where it took place, what occurred, and any witness statements. Depending on the incident, you, the property owner, security personnel, or law enforcement may create the report.
If the accident occurred on business premises—such as at a grocery store—the store owner or management would usually create and file the incident report. Your attorney will get a copy of this while working on your case.
If the police were involved, they would have created an incident report, which should contain the basic facts of the accident.
You, as the victim, may also file an incident report. If the injury occurred on private property, you can request to fill out a report with the property management or security personnel. You should also document the accident yourself while it’s still fresh in your memory. Write all the details, including what happened and when, what injuries you suffered, and who else was involved, if anyone.
Your premises liability attorney can help gather and file any pertinent reports and will guide you on the best approach to take as you proceed.
How Can a Premises Liability Attorney Help?
Both preservation letters and incident reports are critical for building a strong case for negligence in your premises liability claim. They not only add to the evidence supporting your argument, but they also show your seriousness in pursuing the claim, which may influence settlement negotiations.
Contact us today for a free initial consultation. We know how to compile the evidence you need to emphasize the negligence of the property owner, as we did for this client who slipped on a set of stairs at a rented vacation home. He had to go through surgery to repair his left hip bone. The case went to trial, and we helped prove negligence by the property owner, resulting in an $800,000 verdict for our client.
Named a “Best Law Firm” since 2010, we have offices in Virginia Beach, Portsmouth, Chesapeake, Hampton, and Norfolk.
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