How Should I Collect Evidence for an Injury Claim?

Originally published by highrank.

All personal injury cases come down to evidence – evidence of your injuries, property damages, and of the responsible party’s negligence. Without evidence, there is no way to prove your claim or take home compensation for your injuries. After any type of accident resulting in injury, take it upon yourself to collect as much evidence as possible. You may not end up filing a claim, but if you do, you’ll be glad you laid the groundwork.

Do as Much as Possible at the Scene

The best-case scenario is to gather evidence at the scene of the accident. If you suffered great property damage but not severe injuries, you can likely collect information yourself. Take photos of the accident, including damage to vehicles involved and personal injuries. Photos should include any abrasions or contusions on your body, damaged clothing, the scene of the accident, and what caused your injury. If you don’t have a timestamp on your camera, record the date of each photo on your own.

Obtain relevant information from any other party involved. In a car accident, this may be the other driver, passengers, pedestrians, and witnesses. Gather their names and phone numbers. Get a photo of the other driver’s license and vehicle plates. In a premises liability case, get the information of staff members involved. In a workplace accident, record which coworkers were there when you sustained an injury. The more information you can get from those around you at the time of the accident, the better your chances are of convincing the judge of what happened.

In many cases, it’s impossible to gather evidence at the scene of the accident. You may have extensive injuries and have to leave in an ambulance. You may be unconscious. If you cannot gather evidence at the scene of your accident, do so as soon as possible. Return to the scene and photograph the street or location of your accident. Contact people who were there when the accident happened and record their statements. Do as much as you can after the fact to strengthen your case.

Keep your medical records relating to your injuries, including paramedic reports, emergency room charts, and the results of any tests. Keep a copy of the treatment plan from your doctor and proof that you have stuck to it. Also get a copy of the official police report. Official documents serve as important hard evidence of your damages and injuries.

Keep Physical Evidence Organized

As you gather evidence for your case, it can start to pile up and become a disorganized mess. Prevent this from happening by organizing your evidence into groups. Keep a file or binder specifically for your case, with separate folders for injury evidence, witness statements, photographs, police and incident reports, clothing from the accident, public records, and your own account of the accident. Keeping your evidence carefully organized can help your attorney and other professionals involved in your case find necessary documents without incident.

Prevent Evidence Spoliation

In some cases, an at-fault party will destroy evidence to protect him or herself from liability. To prevent this evidence spoliation, seek the help of an attorney immediately following an accident. An attorney can send a letter to the defendant preventing this from happening. A spoliation letter notifies the at-fault party of the pending claim and makes it harder for them to cover up purposefully destroyed evidence. If the defendant does destroy evidence, your attorney can file a spoliation motion if your case goes to trial.

An attorney can help you collect information to support your personal injury claim, but these are things you can do directly following an accident to improve your chances of securing a settlement.

The post How Should I Collect Evidence for an Injury Claim? appeared first on Ges Injury Attorneys.

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