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?
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.
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.
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
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.
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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