Tips to Preserve 5 Types of Evidence After Personal Injury

The evidence you present during your personal injury case — whether you end up working out a settlement or going to court — is key to winning the damages you deserve. Therefore, you must gather, protect, and document the best evidence possible. How can you do this? Read on to learn a few tips to preserve the most common types of evidence in injury claims. 



1. Physical Evidence

Physical evidence includes anything you can hold and touch. It can have a big impact on a jury because no one has to rely on what others say to believe this evidence. But physical evidence is some of the most likely to disappear if not carefully preserved. 

If possible, preserve items from the beginning by starting at the scene of the accident. This may include the car you were in when hit by another driver, the broken stair rails, or the damaged bicycle. If you can't do this because you're attending to injuries, have a friend or family member do this for you.

As your case progresses, look for additional physical evidence that could be helpful. Some victims return to the scene to determine if anything useful remains or was overlooked. You may also get new or more targeted physical evidence as your case goes on, like removing a broken part on a car before the vehicle is destroyed. 

2. Witness Statements

Eyewitnesses can be a big boost to your case. Not only did they have a different view of the accident, but they may also be considered more impartial than either you or someone else involved in it. If you know all the potential eyewitnesses to an accident, ask them to write down a detailed record of what they witnessed as soon as possible. Your attorney may also ask them to sit for a deposition. 

Accidents in a more public place — commonly auto accidents — may have many stranger eyewitnesses. This is a good reason to call the police so they can file a police report. They will gather contact information and other details from the available witnesses. If this isn't possible, ask a friend to gather contact information from potential witnesses themselves. 

3. Photo and Video Evidence

If you can't take a piece of physical evidence to court with you, photographic and video evidence is the next best thing. With the advent of cellphone cameras, documenting and preserving photographic evidence is easier than ever.

Take extensive photos and videos of the accident scene, attempting to capture as many angles as possible. Include close-up photos and photos of the overall area and weather conditions. Document your injuries just as extensively — and as soon after they occurred as possible. 

Returning to the accident scene can be more useful for photo evidence than physical evidence. Without the emotion and activity of the accident, you may find signs of damage or contributory causes that you didn't notice before. 

4. Your Recollections

How do you recall the accident occurring? As with most other types of evidence, your own memories need to be preserved as close to the time of the incident as possible. Write down in detail what you saw, did, felt, heard, and more. Many victims do this as an ongoing journal of their experience. Include details in your journal but don't limit yourself as to what you record. Anything could be important. 

Your recollections may change as time passes. Write things down both immediately after the accident and later on as you gain more information or deal with the mental health impact. 

5. Medical Records

Medical records are a big part of personal injury claims. Not only do they provide evidence that may prove fault, but they are also the key to calculating damages. Get copies of all medical records whenever possible. Preserve this in a single binder or file box to prevent anything from going missing. 

Journaling your treatment and recovery is a good way to help preserve medical records as well. As you write down — preferably each day or every few days — what's happened to you, include specifics about providers and locations you visited or contacted for medical purposes. Because Americans must often navigate many unrelated medical providers or facilities, keeping track of them helps your memory. 

Where to Learn More

Preserving evidence after an accident has two goals. The first is to increase the likelihood that it will be admissible in court. The second is to provide the strongest evidence possible to support your case. The best resource any accident victim has in achieving both goals is an experienced personal injury attorney in their state. 

Jeeves Law Group is ready to help. We'll help you assess all your evidence, locate and preserve whatever possible, and use it to build the best case possible. Call today to speak with one of our skilled personal injury team members.