Evidence is the backbone of every case; when you lose proof, your case or claim becomes invalid. Thus, knowing how to preserve your evidence is pertinent when you have a case.
“It may take a while before your case gets to the jury. Deciding to collate the evidence when your case gets to the authorities may invalidate your case, as proof does not last forever. Evidence has wings; it flies if you fail to catch it early,” says personal injury attorney Michael McCready of McCreadyLaw Injury Attorneys.
This piece discusses the steps you can take to preserve evidence and strengthen your case:
Understanding Preservation of Evidence in Personal Injury
Thousands of Americans get involved in different accidents daily. Typical accidents include vehicle crashes, defective products, and dog bites.
When you sustain harm due to another person’s negligence, you must take steps to recover compensation from them. You are holding them responsible for their wrongdoings.
When you overlook things, you are shortchanging yourself, as the negligent person goes unpunished. Yet, you will grapple with the realities of mounting medical bills. Occasionally, an accident can hinder you.
You must provide evidence if you want fair compensation for your losses and injuries. If you want to submit a claim to your insurer, you must prove that your policy covers your losses.
Similarly, if you want to sue the at-fault party, you must also have evidence to support your lawsuit. Collating and preserving evidence before your case reaches the jury is crucial.
It can take several months or years before the court authorities attend to your case. Evidence can change or become lost in this process. That is why you must act proactively.
The process of keeping evidence from changing or losing its value is known as “preservation of evidence.” To make the litigation process seamless, encourage the defendant to preserve evidence in their possession, as this action will prevent back-and-forth during litigation.
Steps to Preserve Your Evidence
The process of evidence preservation begins immediately after a crash. When you slack off, you will miss crucial evidence needed to uphold your claim. This segment highlights the evidence you must collate and how to preserve it.
Prioritize Your Well-Being
Seek medical attention immediately after a personal injury crash. You must prioritize health and safety. Remember that you can only prosecute if you are alive.
In addition to your safety, seeking medical attention helps you document the extent of your harm. You can obtain medical records from a healthcare facility when you visit it for treatment. If you fail to seek medical intervention, there is no way you can get medical records for your injuries.
Even if it appears you are physically okay, it is still advisable to approach the hospital. You might have some internal injuries that will not manifest immediately. You may not receive adequate compensation if you leave these injuries as they are.
Properly Observe the Accident Scene
Before leaving the accident scene, take pictures of the scene and the surrounding environment. You cannot discuss the accident without referring to its scene.
Set your camera to timestamp the pictures, as the defendant may deny them if they lack a date and time. Further, take photos of any property damaged in the incident.
If you were in a vehicle accident, you may want to take photos of traffic signs and skid marks. They will bolster your claim, especially if the at-fault driver drove against traffic. There is no better way to describe the accident scene than through timestamped pictures. Therefore, do not miss the chance to preserve your evidence.
Collate Evidence
Apart from photos, you also need to collate physical evidence from the accident scene. As previously stated, evidence does not last forever. So, you need to act quickly.
Quickly gather any tangible proof that can validate your claim. Some defendants intentionally destroy evidence to weaken your claim. Broken taillights and clothing items are physical evidence you can gather from the scene.
It is also paramount that you avoid altering the evidence on your end. You should liaise with your attorney to collate such evidence without tampering.
Evaluate Available Footage
You may be fortunate to have surveillance footage of the mishap to support your case. Neighbors or eyewitnesses may record how the incident happened, and nearby firms can keep video recordings of their surroundings.
Approach them to see if you can get the footage. Review the footage to ensure it aligns with your version of the story. When you present video footage, it becomes almost impossible for the other party to deny it.
Note Down the Occurrence
One of the advantages of inviting the police to an accident is their report. The police report is as valuable as the medical report. When you have institutional reports, you can easily prove your case with them.
You should also document everything that occurred during the incident, in addition to the police report. It is advisable to note down your version of the story immediately after the incident, as you may forget it later. Mixing things up will mess up your case.
Collate Witness Statements
Witness statements are also crucial to the success of your case. However, they are unreliable in some circumstances. For instance, if you wait too long to contact the witness, they might forget crucial details of the incident.
Thus, it is advisable to move swiftly. Please do not wait until the witness dies or relocates before you start looking for them. Get the witness testimony promptly and preserve it for litigation.
You can also undertake a property damage review. Let a professional assess the extent of damage to your property immediately after the accident, as keeping a professional’s report will affirm your claim.
Protect the Proof
Ultimately, you need to preserve the evidence you collate. Being carefree about your evidence can be unimaginably detrimental to your case. Keep footage and photos in secure clouds. Make photocopies of other documents and keep them secure in different places.
Final Words
It is almost impossible to preserve evidence without the involvement of your personal injury attorney. For instance, a recommended place to keep the collated evidence is with your attorney. Professionals know how to store the evidence safely without altering its potency.
When you lose or destroy your evidence, it will have serious consequences. For instance, the judge may turn down your request for damages. More so, no lawyer will be willing to embark on a futile litigation journey without sufficient evidence.
Thus, quickly engage a result-driven local personal injury attorney to help collect and preserve the evidence for your lawsuit after your accident.
