How to Preserve Evidence for Your Personal Injury Claim

Posted on 02/16/24

in News

Individuals who sustain injuries caused by the negligent or intentional actions of another person or entity may be able to recover compensation. Compensation for an injury victim may come through an insurance settlement or as a result of the culmination of a personal injury civil lawsuit. Regardless of how a person receives compensation for their claim, they will need to present evidence to prove liability and damages.

Types of Evidence You’ll Need to Preserve

After an injury, there will typically be various types of evidence needed to help determine liability. However, no two personal injury claims are exactly alike. The kinds of evidence you need for your particular claim may look different than the evidence required for an entirely different type of case. For example, when we work to help clients with car accident claims, the types of evidence we need for that particular type of case will look different than what we gather for a slip and fall incident.

However, some of the main types of evidence needed to help prove liability and total damages for a personal injury claim include:

  • Photographs taken of the accident scene or injuries
  • Statements from eyewitnesses or those involved
  • Video surveillance footage from cameras nearby
  • Medical records related to the injuries caused by the incident
  • Proof of lost income caused by the injuries or disability
  • Property owner maintenance records
  • Diaries or journals documenting treatment or day-to-day pain and suffering
  • Collect data, including text messages, emails, phone logs, etc.

How You Can Preserve the Evidence

One of the evidence after an injury occurs is to prepare for the incoming evidence in the first place. This requires organization. When a personal injury claim is organized from the beginning of the process, the likelihood of success increases. We strongly encourage any individual harmed due to the negligence of others to reach out to an attorney for assistance. When you have an Oakland personal injury lawyer by your side, they will have a complete understanding of the types of evidence needed to prove liability, as well as the steps needed to preserve this evidence.

In addition to helping you understand the types of evidence needed to prove your case, your attorney can also take some legal steps to preserve evidence that you may not have direct control over right away. Unfortunately, evidence can begin disappearing soon after the incident occurs, but an attorney can send what is called a “letter of spoliation” to the other parties involved. This is a letter that basically puts other parties on notice that they have evidence that may be used in an upcoming civil claim. Usually, a letter of spoliation includes instructions on proper procedures for preserving the evidence or instructions on how to turn over the evidence for further examination.

This Evidence Is Key to Recovering Compensation

Individuals who sustain injuries caused by the negligence of others deserve compensation. This includes coverage of their medical expenses, any lost wages, out-of-pocket incurred, as well as pain and suffering damages. The best way to position is to gather as much evidence as possible and work with an attorney to help preserve the evidence.