Not always – but a lot of the time it is very important.
One of the earliest clients I had when I started my own office was a retired gentleman who tripped over a boundary wire between two posts as he was leaving River Downs.
He broke his kneecap, and needed surgery. Then he had an embolism because of the surgery.
The wire was grey – like the concrete below it – and he didn’t see it. It was about a foot off the ground.
When he described the wire to me, I thought the parking lot owner (which was not River Downs) would pay a fair amount if I showed they could have marked the wire better. But I also knew they would argue the accident was my client’s fault, for not seeing where he was going.
So I went out to the parking lot with my client. Twice.
I took pictures. One of the pictures showed that the same parking lot marked other similar boundaries with a plastic, brightly colored, chain link strand fence – instead of a grey wire like the one my client tripped over.
So the parking lot could have used a brightly colored chain, which my client would have easily seen, to mark the boundary. And I was right – the parking lot’s insurer paid a lot of money to settle the lawsuit.
Visits to the scene have revealed:
• A speed warning advisory within a quarter mile from the accident that let me make an argument for punitive damages
• Measurements of the street width that showed that the tractor which went over the double yellow line was too wide to stay within its lane of traffic
• Measurements by an architect showing that, in addition to being broken, the steps my client tripped on were differently sized and violated the building code.
So if there’s any chance the insurance company will say it’s not their fault, or that it’s partly my client’s fault, I like to go to the scene. With my client.
I have been a lawyer over 30 years. A good lawyer has a mental picture of how the accident happened on every case. If you have a personal injury case in Cincinnati, Ohio or if you want to know what your lawsuit is worth, talk with an experienced Cincinnati Personal Injury Lawyer about the case. Call me, William Strubbe, at 513-621-4775.
Because all situations are different, and because there may be other facts pertaining to your case that I don’t know about, you should not rely on this answer for legal advice. I am not your attorney, and no lawyer client relationship has been formed.