In the aftermath of an accident, whether it’s a car crash, slip and fall incident, or another type of mishap, preserving evidence is critical for protecting your legal rights and maximizing your chances of obtaining fair compensation for your injuries and losses.
Evidence serves as the foundation of your personal injury claim, helping establish liability and proving the extent of your damages. Our friends from The Law Offices of Frank D’Amico, Jr. explain why preserving evidence from your accident is so important and steps you and your lawyer can take to safeguard your claim.
Establishing Liability
In personal injury cases, establishing liability is essential for holding the responsible party accountable for your injuries. To win your case, your personal injury lawyer must prove that the other party is legally liable for the harm you suffered.
Evidence such as photographs, witness statements, and accident reports can help reconstruct the events leading up to the accident and determine who was at fault. Preserving this evidence ensures that crucial information is documented and available for review by insurance adjusters, attorneys, and, if necessary, a jury.
Proving Damages
Preserving evidence is crucial for demonstrating the extent of your damages. This includes medical records, bills, and receipts related to your injuries and treatment, as well as documentation of lost wages, property damage, and other financial losses. By maintaining thorough records of your damages, you can strengthen your claim and seek appropriate compensation for your economic and non-economic losses.
Key Steps To Preserve Evidence
- Document the Scene: If you’re able to do so safely, document the accident scene by taking photographs or videos from multiple angles. Capture any relevant details, such as vehicle damage, road conditions, signage, and weather conditions. If there were witnesses to the accident, obtain their contact information for future reference.
- Seek Medical Attention: Even if you don’t believe your injuries are severe, it’s important to seek medical attention promptly. Your health and well-being are the top priority, and delaying medical treatment can not only jeopardize your recovery but also weaken your personal injury claim. Medical records documenting your injuries and treatment are crucial evidence in establishing the extent of your damages.
- Preserve Physical Evidence: If possible, preserve any physical evidence related to the accident, such as damaged clothing, defective products, or debris from the scene. These items may serve as valuable evidence in proving liability and causation.
- Keep Detailed Records: Maintain detailed records of all expenses and losses incurred as a result of the accident, including medical bills, receipts for out-of-pocket expenses, estimates for property damage repairs, and documentation of missed workdays or diminished earning capacity.
- Avoid Altering Evidence: It’s essential to preserve the integrity of the evidence by avoiding any actions that could alter or destroy it. Refrain from repairing or disposing of damaged property, and avoid discussing the accident or your injuries on social media, as these communications could be used against you in your claim.
Preserving evidence after an accident is essential for protecting your legal claim and maximizing your chances of obtaining fair compensation for your injuries and losses. By documenting the scene, seeking medical attention, preserving physical evidence, keeping detailed records, and consulting with a personal injury lawyer, you can safeguard your rights and pursue the justice and compensation you deserve.
