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  • Writer's pictureRobert Schuerger II

Helpful Tips for Preserving Evidence for Your Personal Injury Claim

To have a successful personal injury claim, evidence is crucial to prove that everything was valid and correct. The court gets to decide who it believes, and it will also determine the extent of the damages. During a personal injury case, evidence is used to meet the victim's burden of proof to win.

While presenting physical evidence is crucial to ensure a successful outcome of the injury case, victims often overlook the fact that they must preserve it. Everyone should know the steps to take to protect and preserve evidence after sustaining an injury to make sure there's enough proof of the accuracy of the events. One should be sure to take notes after an accident or injury.

In most cases, a personal injury attorney will present evidence after a car accident or any other situation. It's wise to contact Schuerger Shunnarah Trial Attorneys at (833) 692-5038 or use the online form to request a free consultation today!

How Relevant Evidence Affects a Personal Injury Case

How Relevant Evidence Affects a Personal Injury Case

When a victim is hurt after a personal injury accident, evidence can ensure the jury reaches the right conclusion and quickly. In fact, it might resolve the case without going to trial simply by contacting the insurance company of the at-fault party.

If the other party acknowledges that there is a strong personal injury case, they are more likely to provide a fair settlement without a trial. However, if they don't think the victim did enough to show medical records and other evidence, they might chance a jury trial to get away with paying less.

Below, there are a few tips for preserving evidence in a personal injury case.

Tips for Preserving Evidence for Your Personal Injury Claim

Check out these tips for preserving evidence in a personal injury case:

1. Write Everything Down

After the personal injury occurs, the details are often clear in the person's mind. While victims might think they would never forget something that impacted their lives so much, memories do fade in time. Likewise, one aspect that isn't crucial now might be critical at a later date.

Therefore, it's best to take time immediately after the injury to write down any details. This account is a great starting point for the attorney to piece together what happened and build a strong case.

2. Ask Someone Else to Write Things Down

Just as the victim's memory can fade after a personal injury, witnesses might start to forget as time passes. Therefore, it's best to get witness statements as soon as possible to lock them into their stories. When they are on record, they can't change anything later, and it ensures the details were recorded before anything was forgotten about.

The way to get witness statements depends on the case's circumstances. Having a cooperative witness means they will sit down and offer a written narrative without pressure from anyone else. However, someone who doesn't want to participate will need to be sent a notice for a formal deposition. Then, the other party could cross-examine the witness, and the lawyer can provide the witness's testimony at the trial.

3. Inspect the Accident Scene

Typically, a personal injury case focuses on the scene of the accident. It might contain valuable evidence that will show a version of events that's probable and plausible. For example, someone is injured when holding a faulty handrail on some stairs. Revisit the accident scene for a full inspection and get the run and rise of the staircase.

After being in an auto accident, it can help to return to the scene to examine the design of the road and determine how the crash happened based on trajectories and vehicle speeds. Some quality personal injury attorneys often work with accident reconstruction professionals to interpret whatever clues are found at the accident scene.

4. Take Photographs

Photographs can help to convince a jury that the victim's version of events was true. There's no need to hire a professional photographer or get a special camera. A smartphone is all one needs.

Make sure to take photographs of the accident scene, equipment involved, and any visible injuries after the personal injury accident. Keep updated pictures as the injuries heal because they will help jurors better understand the pain and suffering the victim went through.

5. Create a Journal of the Injuries

Medical bills and appointments are hard for most people to keep track of after an injury. Therefore, it's important to document the medical treatment, care plan, and progress. Using a journal to record expenses, appointments, and pain levels is crucial.

Likewise, it's best to keep a copy of all medical records. Don't exaggerate, but be honest about all pain and injuries. These things can often help tremendously in personal injury cases.

6. Don't Wait

Timing is everything. Even if the victim requires immediate medical attention after the accident, they should go back to the accident scene as soon as possible to collect valuable evidence. The at-fault party might want to conceal physical evidence or change things to make it look like they weren't responsible.

Therefore, it's wise to collect evidence as soon as possible. This includes medical records, relevant documents, photos, and everything else. Many personal injury cases are won solely on the records a victim keeps of their injuries and progress.

7. Evaluate Spoliation

The other party will often be upset when the victim tries to build their case. Therefore, they could destroy physical evidence to stop them from showcasing the truth. It's called spoliation of evidence, and it happens all the time.

Work with an attorney to preserve evidence from the crime scene and gather medical records and everything else. They will ensure everything is protected.

Why Work with a Lawyer for Personal Injury Claims

Why Work with a Lawyer for Personal Injury Claims

It's crucial to remember that cases are generally lost or won based solely on physical evidence. Therefore, it's wise to put in the effort and time to gather evidence before putting in personal injury claims and sending the notification letter in an injury claim.

Hiring an experienced personal injury attorney is the best way to start collecting evidence and all documents related to the case. They will focus on getting compensation for lost wages and everything else. Schuerger Shunnarah Trial Attorneys is an excellent law firm. Please call to request a free consultation now!


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