Why Preserving Evidence Matters After an Injury
After an accident or serious injury, most people are focused on getting medical care and beginning the recovery process. While those priorities should always come first, preserving evidence may also play an important role in understanding what happened and protecting a potential legal claim.
Regardless of how an injury occurs, it is important to gather and maintain evidence if possible. Evidence collected from the scene of an accident may help an attorney establish the facts, determine what happened, and build a clearer understanding of the case.
Why Evidence Matters
Evidence helps answer important questions about an injury, including:
- How did the injury occur?
- What conditions existed at the time of the incident?
- What injuries and damages were sustained?
- Who may be responsible?
Attorneys, insurance companies, and in some cases, law enforcement may request photographs, videos, or other documentation during the claims process or litigation. Having evidence collected before meeting with an attorney may result in a smoother process and could potentially play a significant role in supporting a claim.
Types of Evidence That May Be Important
- Photographs & Videos - Images of the accident scene, property conditions, vehicle damage, and visible injuries
- Medical Records - Official records documenting the initial diagnosis treatment, follow-up care, and recovery progress
- Witness Information - Contact information and witness statements
- Incident Reports - Police reports, workplace incident reports, and property incident reports
- Physical Evidence - Damaged or defective products or packaging, torn clothing, safety equipment, personal property involved in the incident, and receipts for accident-related expenses
Why Acting Promptly Matters
It is important to act quickly when gathering evidence after an accident for several reasons. One of the main reasons is that evidence does not last forever. For example, surveillance footage may be deleted, accident scenes can be changed or disturbed, weather conditions can alter the physical condition of a scene, damaged items may be repaired or discarded, and memories naturally become less detailed over time.
Common Mistakes That Can Affect Evidence
Several common mistakes people make after an injury include:
- Throwing away damaged or contaminated items
- Forgetting to photograph the scene
- Waiting too long to report an incident or injury
- Losing reports or medical records
- Assuming someone else has documented everything
- Deleting important emails
- Throwing away receipts
How Preserved Evidence Can Help Build a Case
While evidence does not guarantee outcome, it may help build a case. Evidence could give information regarding the sequence of events, the extent of injuries, and any economic damages, such as medical expenses and lost wages. In addition, substantial evidence can help establish liability or support claims involving issues such as contamination, product defects, or other contributing factors.
How LPM Can Help
Every personal injury case is unique, and evidence often plays an important role in understanding what happened. An experienced attorney can help identify, preserve, and evaluate relevant evidence while guiding you through the legal process.
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