Gathering & Preserving Personal Injury Evidence for a Case


Gathering and preserving evidence in a personal injury case is a crucial step in formulating a strong case of liability. Without tangible personal injury evidence, there is a good chance the likelihood of receiving an adequate settlement or payout amount will fall drastically.

Some examples of tangible evidence include:

  • Photos
  • Witness Statements
  • Medical Records
  • Incident Reports
  • Public Records
  • Damaged Property

personal injury evidenceWhen gathering evidence for a personal injury case, you should begin as soon as possible. On-the-scene evidence is the most preferred because it gives insurance adjusters and/or courtrooms a firsthand look at the situation. You should collect evidence by legal means only. When collecting certain types of evidence, such as statements or information from other parties on the scene, you should do so in an objective manner. Simply ask the necessary questions without evoking emotion or mentioning your own opinion.

Keep all tangible evidence organized and well-preserved. If you have photos or documents, keep them dated and have backup copies. Physical articles such as bloodied clothing should be kept in bags, labeled, and documented. Labels should include detailed notes on how the items play into your case.


Documenting Personal Injury Evidence with Photos

Photos can be the strongest type of evidence in a personal injury case. On-the-scene photos are very helpful, and follow-up photos are necessary as well. You should document injuries, such as lacerations, using photos. Make sure to take daily photos to record the healing process of any injuries you suffered from the incident. All pieces of evidence should be photographed, especially those too difficult to physically present to an insurance adjuster or the court. Examples of these include photos of the damaged property, such as dents in your automobile.


Testimony Can Be Valuable Resource

3rd party witness testimony can also be a useful tool to enhance your liability argument in a personal injury case. You will want to physically write down everything that a witness tells you word-for-word. Do not alter their statement in any way. You will also want to get all 3rd party witness’s contact information in case your lawyer wants to follow up.

Along with witness testimony, you will need to write down your own recollection of the events. This can be used as evidence as well. Your testimony needs to be as objective as possible, keep it factual and unadulterated by your personal opinion.


Other Forms of Personal Injury Evidence

There are many different forms of evidence that have not been mentioned. Personal injury litigation covers a broad spectrum of incidents, each type having specific pieces of evidence that differ from others. For some personal injury cases, the evidence is more difficult to collect.

For example, it is very difficult to find personal injury evidence to prove mental distress caused by a personal injury. In this case, a credible expert may be necessary to plead on behalf of the injured party.

In these circumstances, a personal injury lawyer can help to not only determine how to find the evidence but also provide it for your argument.

1 Comment Posted

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    Posted by Nora on Thu Aug 16 2018 4:45pm

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