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 and videos
  • Witness statements
  • Medical records
  • Medical bills
  • Police Reports, Also known as incident reports
  • Public records
  • Physical evidence such as damaged property or the dent in the car showing where it was hit
  • Lost wages as a result of the injury

When 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, the insurance company, 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.


Physical Evidence

Tangible evidence, i.e. something you can hold in your hand, is sometimes more persuasive in proving a personal injury case simply because it is immediately apparent the extent of the injury or accident. For example, if bloodied and torn clothing is kept and presented to the defense, it is obvious the accident caused significant injury. The sight of physical evidence can be very helpful in establishing a burden of proof.

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 and Videos

personal injury evidencePhotos and videos can be the strongest type of evidence in a personal injury case. On-the-scene photos and videos 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 after a car accident.


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 statements in any way. You will also want to get all 3rd party witnesses ‘ 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.


Police Reports

After an accident has occurred, whether it be a car accident or slip and fall, it is important to document the incident with local law enforcement. After contacting emergency personnel, do not leave the scene of the accident and wait for responding officers to arrive. If medical treatment is needed, paramedics will administer help.

While for some injuries, it may seem unnecessary to call the police and an ambulance, it is important to have documentation of the accident in the form of a police report. The facts and detailed descriptions of what happened, from both sides, can help your case down the road.


Other Forms of Personal Injury Evidence

There are many different forms of evidence that have not been mentioned. Personal injury lawsuits cover 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 present 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.

Personal injury evidence is an essential part of establishing and proving a lawsuit. Without it, it would be incredibly difficult to prove a personal injury claim. A lawsuit has multiple different steps and it is important to be aware of each one, even with the assistance of a lawyer.


Learn More About the Lawsuit Process:

5 Comments Posted

  1. While seeing an oncologist, he failed to give necessary tests that could have identified Cancer that could have been curable in early stages,but now that it is advanced, it is incurable. I was seeing said dr for another type of cancer that was caused by a BRCA gene.

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

  2. I have a neighbor that burns coal in a hydronic coal boiler.
    The flu gassed it emits and PM released is so toxic it burns our noses eyes throats, causes headaches breathing difficulties memory loss and god knows what else. I have videos of the toxic plume and ignited gases leaving the chimney that’s below the pitch of his roof let alone the neighbors house. The plume stagnates in the alley and releases into our house. I’ve made several complaints to the police department, city hall, state health department, department of environmental quality, state attorneys office. They refuse to even mount an air monitor to measure the air claiming they don’t have one.
    They don’t even follow the laws I’ve quoted 27-101 27-301 etc I tried making a claim against him as a nuisance. But for some reason the law doesn’t apply to him. This has been going on for about 3 years now with a 1 year lapse due to him not having a boiler in service the winter of 2017/2018. But now it’s back and he’s burning in middle of summer just to be that rude neighbor. He piles 20+ pounds of coal in it at once and let’s it smolder.
    I need help in suing him as I’ve made personal contact with him over it with no resolution and he basically says he’s above the law and there nothing I can do about it. So at this point he’s purposely harming my family and I.
    I also want his boiler removed as it’s a neighborhood health hazard.

    Posted by Jeff Arnett on Fri Aug 30 2019 12:25am

    • Jeff – we are sorry to hear of the situation you are dealing with. Toxic chemicals in hydronic coal boilers have been known to cause irritations, rashes, breathing difficulty, etc. The state and local laws and regulations regarding private property differ greatly, so it may be best for you to contact us personally to discuss the details of this situation. You can feel free to reach us at our toll-free number 1-888-508-6752 any time. A lawyer from our team would be more than happy to discuss these matters with you in an initial consultation, which is free of charge and requires you to make no obligations following the consultation. In the meantime, continue to gather evidence in a legal matter, as you have been doing – be sure to keep written notes of your symptoms, photos of any emissions from the boiler on your property, etc.

      The THL team

      Posted by Jordan Terry on Mon Sep 2 2019 4:50pm

  3. I’m a Private Investigator working on a worker’s compensation case for a private client. The client has just informed me that his attorney relayed to him that it would have to be revealed during Discovery that the subject has been under surveillance by a Private Investigator. Is this the case even though no evidence has been obtained to this point?

    Posted by Eddie on Wed Sep 4 2019 3:19pm

    • Eddie – Thank you for your inquiry. Unfortunately, your question requires a specific analysis of your local applicable law and any orders entered by the presiding judge. We would recommend that you speak with your client’s attorney.

      Posted by Jordan Terry on Thu Sep 5 2019 2:28pm

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