Preserving Evidence in Personal Injury Cases: 7 Key Steps

Personal injury cases are complex. Unfortunately, our court system doesn’t move as fast as we would like. That means it can take a long time for your case to get in front of a jury. Evidence doesn’t last forever. Witness memories fade, and accidents get cleaned up. Preservation of evidence can be the difference between a weak and strong case.

The first few days after your accident are critical if you’re going to file a personal injury claim. State personal injury laws vary. An experienced personal injury attorney in your area can give you legal advice. They can tell you what evidence to gather and help you preserve it.

What Is Evidence Preservation in a Personal Injury Case?

You can get injured in many ways. Common examples included the following:

• Vehicle accidents
• Dog bites
• Defective products

Your medical bills from the injury can add up. That’s especially true if you can’t work while you recover. You need evidence if you want to get fair compensation for your injuries. If you’re filing a claim with your insurance company, you must prove that your policy covers your injury. Evidence is also essential if you’re filing a personal injury lawsuit. To win, you must gather and preserve the necessary evidence.

It can be years before your case goes to court. Evidence can change while you’re waiting for the trial. So, it is crucial to gather and keep evidence relevant to your case before it changes. Doing so is called preserving evidence. You should also ensure the defendant preserves the evidence they have in their possession.

How Do I Preserve Evidence in a Personal Injury Case?

You must start preserving evidence as soon as possible after your accident. There are many types of evidence you must gather. These seven steps to gather evidence will improve your chances of winning your case:

Step 1: Seek Medical Attention

The first thing you must do is get prompt medical attention. Your health is the most crucial consideration. Getting medical treatment also documents the extent of your injuries. Get photos of visible injuries. Be sure to get a copy of your medical records.

Step 2: Survey the Scene of the Accident

Second, go back to the scene of the accident to get pictures of the surrounding area. Set your camera to timestamp your photos. Skid marks and traffic signs are examples if you were in a car accident. Also, take pictures of any property damage.

Step 3: Gather Evidence

Third, gather physical evidence from the scene before it gets cleaned up. Physical evidence is a tangible piece of evidence. Examples are a piece of clothing or a broken taillight. You must not alter evidence in any way.

Step 4: Review Any Footage

Fourth, get surveillance footage of the accident. Nearby neighbors and businesses may keep video recordings in the area. Video footage can give you clear evidence to support your case.

Step 5: Record the Incident

Fifth, write down what happened. Ensure the police file a police report if they are at the scene.

Step 6: Gather Witness Testimony

Sixth, get witness statements. Witness testimony can be critical to your case. But it can also be unreliable. Memories fade over time. People also move away or die. So, get witness statements as soon as possible to preserve their version of events. It would be best if you also got a property damage assessment. An example is a statement from your mechanic about the damage to your car after an auto accident.

Step 7: Secure the Evidence

The last step is storing the evidence you collected. Losing evidence can wreck your case. Keep it in a safe place. Making copies of photos, witness statements, and other records is a good idea. If you have a lawyer, you can give them your evidence to store for you.

What Is Spoliation of Evidence?

Spoliation of evidence is when someone destroys the evidence you need for your case. It can be the defendant or a third party who destroys it. You should contact these parties to ensure they preserve the evidence. The judge can instruct the jury to assume the evidence would hurt the party who lost it.

Medical expenses, lost wages, and other bills can make it feel like there’s no hope of having a quality life. But winning compensation in a personal injury case can help you get back on track. Collecting evidence is critical to a successful case. A personal injury lawyer can help. They can give you legal advice and represent you in court.