I live in NY. I slipped on loose gravel and broke my ankle in two places at Safari Park West, in Santa Rosa. My husband did

Asked 8 months ago - Merrick, NY

Not take pictures. We were very upset. I had never even thought of suing. The park paid for us to fly home first class. After returning home I realized that my injury was going to cause long term difficulties so I hired a lawyer from a recommendation whose main office was in LA. He agreed to accept the case knowing that I did not have pictures which is impossible to get as I live in NY. Yesterday I received a letter from his office stating that he will not represent me since I have no photos. I will have to find another lawyer. I also did find someone to take pictures of the accident site. They will be e mailed to me in a few days. My question. Do you always need photos when pursuing a personal injury case? And when hiring a new lawyer should he be near the site of the accident?

Attorney answers (11)

  1. Eric Edward Rothstein

    Contributor Level 20

    5

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    Best Answer
    chosen by asker

    Answered . Pictures are helpful but not legally required. Hire a lawyer who regularly practices in the court you will have to sue in.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  2. Thomas Joseph Foley

    Contributor Level 4

    7

    Lawyers agree

    Answered . Photos are very important for a variety of reasons. Most importantly, you need to prove that the owner of the location where you fell was negligent in some way. Without photos or measurements, this may be difficult to do. To answer your question, yes you should hire a competent attorney in California.

  3. Jeffrey Mark Adams

    Contributor Level 20

    6

    Lawyers agree

    1

    Answered . You do not always need photographs; however, you need some way to try to establish the condition that caused/contributed to your fall. If not photographs, then they question becomes how? Extrinsic evidence perhaps. As a general rule, the lawyer should be local. Every case is fact specific. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  4. Dean P Murray

    Contributor Level 18

    6

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    Answered . Schedule consultations with several personal injury lawyers who practice in California.

    IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You... more
  5. David J. McCormick

    Contributor Level 20

    7

    Lawyers agree

    Answered . Without photos your case will be next to impossible to win. Believe me, there will be pictures showing the area without any loose gravel, and the only real way to prove what caused your injury is with a picture. In your type of case, a picture is priceless.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  6. Abraham Jaros

    Contributor Level 8

    5

    Lawyers agree

    Answered . The lawyer should be in the same vicinity as the location of the accident as the lawsuit will generally be required to be brought in that area
    Although you do not always "need" to have photos of the condition that caused you to fall it is much easier to make out a case for a Judge & jury if they can see what you are complaining of

    The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an... more
  7. Matthew C Simon

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . You absolutely do not need photos. However; photos are helpful. It may not be too late. There appear to be many issues here. Seek an experienced personal injury attorney in NY now. Many attorneys, such as myself, offer free consultations. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-... more
  8. David Ian Schoen

    Contributor Level 20

    3

    Lawyers agree

    Answered . Unfortunately, in a case like yours pictures are helpful. However, if the condition is still the same whenever the pictures were taken, and you can testify to that fact, it should not make a lot of difference that you did not take them on the date of the accident. It is not necessary to hire an attorney who is near the accident site, but it helps. It might not be a bad idea for you to consult with a NY attorney who can work with a CA attorney to prosecute the claim.

  9. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . You can retain one of the above distinguished lawyers in your state to investigate a possible claim

  10. Michael Wayne Goldstein

    Contributor Level 9

    1

    Lawyer agrees

    1

    Answered . You need to hire an experienced accident lawyer in California. If you need assistance locating such a lawyer, I would be happy to assist you. Also, I would like to see the photos that you now have, of the accident location..

  11. Mitchell Jan Birzon

    Pro

    Contributor Level 13

    Answered . When bringing a lawsuit involving allegedly defective/dangerous/ poorly created or maintained physical conditions, photos are a must. You must establish negligence against the property owner or the party who controlled or managed the premises. It is always a good idea to retain an attorney in a premises liability case to be located within the general area (ie. the same state) of where the incident occurred. There are always exceptions to this general advise though.

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