Have you ever been involved in an accident and wondered what to do first?
While the majority of people may think it’s obvious to call the cops and an ambulance, few realize the most important actions are taken in the first few hours after an accident. Evidence is lost quickly. Witnesses’ memories fade. And get this…
Without the right evidence to support a personal injury case, even the strongest claim can be thrown out.
Evidence is absolutely essential in any personal injury case. The difference between receiving the fair compensation victims deserve and being left with nothing is often down to the evidence collected. This article will explain the evidence that matters and how to preserve it the right way.
- Why Evidence Makes or Breaks Your Case
- The Types of Evidence That Matter Most
- How to Document Everything the Right Way
- Common Evidence Preservation Mistakes
Why Evidence Makes or Breaks Your Case
Did you know that…
Roughly 95% of personal injury cases are settled before they ever make it to court?
Insurance companies are effectively making decisions on settlements based solely on the evidence they’re provided by victims. A claimant’s ability to present evidence supporting their account of the accident, injuries, and resulting losses is key to a strong negotiating position.
Insurance adjusters are not at the scene of the accident when it happens. They don’t see the victim’s injuries or hear the immediate aftermath. Instead, they base all their decisions on the available evidence. Strong evidence = stronger case.
Beyond just proving an accident occurred and who was at fault, evidence is used to show how injuries and losses directly relate to the incident. When working with a personal injury attorney, evidence will be used to demonstrate negligence and justify the compensation amount being requested. Evidence establishes liability, causation, and the extent of damages.
The problem is…
Evidence has an expiration date. Surveillance camera footage is routinely erased. Physical evidence is thrown away. Witnesses forget critical details. This is why acting quickly is absolutely critical.
The Types of Evidence That Matter Most
In personal injury claims, not all evidence is created equal.
Understanding the most important evidence to preserve is key to protecting legal rights after an accident. Here are the evidence types that matter most.
Medical Records & Documentation
Medical records are the single most important part of any personal injury case.
They show the extent of a victim’s injuries, treatment received, and medical costs incurred. Medical documentation forms a crucial timeline, linking the accident to the victim’s injuries.
Key items to preserve include:
- Emergency room records and attending doctors’ notes
- Treatment plans and prescriptions
- Medical bills and invoices
- Physical therapy records
Something that few people realize is that gaps in medical treatment can ruin a case. If there is a significant delay between the accident and seeking medical treatment, insurance companies will argue injuries could not have been serious. Going to the hospital immediately after an accident isn’t just for health reasons — it’s also to protect legal rights.
Photographic & Video Evidence
As the saying goes, a picture paints a thousand words.
Photographs and videos provide strong visual proof of what cannot be explained as easily with words. Photos show things that may be forgotten or contested later.
Key items to photograph include:
- The entire accident scene from multiple angles
- Visible injuries
- Property damage
- Road conditions or any hazards
- Clothing or personal items that were damaged
Photograph the healing process, too. Injuries and pain should be photographed as they change and heal. Document bruising, swelling, scarring and physical limitations over time. This visual evidence shows the full extent of the injuries, not just the initial impact.
Witness Statements
Eyewitness testimony can be extremely compelling in personal injury claims.
Independent witnesses who saw what happened provide a clear account of the accident. Get full names, contact information and take statements right away. Memories fade quickly.
How to Document Everything the Right Way
Collecting and organizing evidence properly requires a methodical approach.
With an estimated 39.5 million personal injury cases every year in the United States requiring medical treatment as a result of the injury, understanding how to preserve evidence is more important than ever.
Start at the Scene
If you are physically able, document everything at the accident scene.
Smartphones allow easy access to taking photos, videos and voice recordings of everything. The fact is modern technology makes it easier than ever before to preserve important evidence at the scene.
Immediate actions to take include:
- Calling 911 and securing a police report
- Photographing everything before it’s moved
- Exchanging contact and insurance information with other parties
- Gathering witness contact information
- Writing down your own account while the memory is fresh
Statements made at the scene of an accident can come back to haunt victims later, even if they’re just being polite. Don’t apologize or admit fault to anyone at the scene.
Create a Personal Injury Journal
A simple journal can be an extremely powerful piece of evidence.
Writing down how injuries are impacting your day-to-day life is something medical records and bills don’t show. Note daily pain levels, activities you can no longer do, emotional trauma, and work missed.
Journal entries should be dated and specific. Vague statements aren’t helpful. Instead, write “I was in sharp pain for 3 hours that stopped me from sitting at my desk” as opposed to “Pain in back.”
Preserve Physical Evidence
Any physical items related to an accident should be preserved exactly as they are.
Don’t wash blood-stained clothing, and don’t repair damaged property. Store away all damaged goods, defective products, broken equipment, and receipts. Write down who has had access to evidence and when.
Common Evidence Preservation Mistakes
Even well-meaning accident victims can make critical mistakes that damage their case.
Being aware of some of the most common evidence preservation mistakes means victims can avoid them in their own case.
Posting on Social Media
This has to be one of the biggest evidence preservation mistakes of all.
Insurance companies and defense attorneys scour social media looking for contradictory evidence. Someone having a fun day out and taking selfies can undermine claims of being in too much pain to leave the house. The only safe approach? Abstain from social media until the case is over.
Giving Recorded Statements
Insurance companies will frequently request recorded statements shortly after an accident.
Victims should politely decline. Recorded statements are designed to get people to say something, no matter how small, that can be used against them later. Once on record, these words can’t be taken back. All communication should go through legal counsel.
Delaying Medical Treatment
Avoiding medical treatment is one of the most damaging evidence preservation mistakes.
Victims should see a doctor as soon as possible after an accident, even if injuries seem minor. Some severe injuries have delayed symptoms, and taking too long to go to the hospital is ammunition for insurance companies. A sudden onset of symptoms without medical evidence from a medical professional is very damaging.
Accepting Quick Settlement Offers
Settlement offers are almost always artificially low.
Insurance companies want victims to be quick to accept and count their lucky stars they got a payout. However, once a settlement is accepted, it is gone and there’s no going back for more compensation if later medical bills exceed estimates. Consult with a lawyer before accepting anything.
Taking Control
Preserving evidence is not complicated, but requires immediate action.
Steps taken in the first hours and days after an accident are what determine how strong of a case a victim has. The stronger the evidence, the better the chance of fair compensation. Weak or missing evidence means claims are likely to be denied.
The key takeaways include:
- Documenting everything as soon as possible at the scene
- Seeing a doctor as soon as possible
- Preserving physical evidence as it is
- Avoiding social media and recorded statements
- Consulting with a lawyer before accepting any settlement
Personal injury cases can be confusing and overwhelming, especially in the emotional aftermath of dealing with an accident and injuries. However, taking these evidence preservation steps seriously helps protect legal rights, and maximize the chances of receiving fair compensation.
Don’t wait until it’s too late. The evidence that may make or break a personal injury case may be lost tomorrow.
