Preserve Evidence and Take Photos
By FindLaw Staff | Legally reviewed by Garrett Monteagudo, Esq. | Last reviewed January 20, 2023
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Nobody wants to get hurt, but sometimes it can't be avoided. If you're involved in an accident or injury that may have been caused by the carelessness of someone else, preserving any physical evidence of the incident and your injuries can help support your position in any legal claim you may decide to pursue. It's important to do this as soon as possible after the incident because circumstances can change quickly. Accident scenes can be altered, memories can become unreliable, and evidence can be overlooked or misplaced over time. Read on to learn more about what kinds of evidence are necessary in different types of accidents.
What Should You Keep?
The first step to take in protecting evidence of your injury is to make sure that every physical item is preserved, including torn clothing, broken equipment, and important documents. As an illustration, here are some steps to take after a number of common injuries:
Motor Vehicle Accidents
After a car accident, you should take photos of the scene, your injuries, and any property damage. In addition, make sure to get copies of all medical records pertaining to your treatment after the accident, keep copies of property damage estimates, keep receipts and records related to repairs, and obtain a copy of any police report that is made. It's also important to keep in mind that closed-circuit television (CCTV) surveillance from nearby stores may also have captured the incident. It might be necessary to obtain the footage captured by such CCTV feeds.
Defective Consumer Products
If you are injured by a faulty product, such as a household appliance, be sure to preserve the item in the same condition it was in when the incident occurred. In addition, keep all written instructions, warnings, labels, and packaging that accompanied the item. If you can, try to locate the original sales receipt for the item. If you cannot find the receipt in your own personal records, ask the seller if they have a copy or obtain a copy from your online bank records.
Medical Malpractice and Birth Injuries
In a medical malpractice or birth injury case, keep or obtain copies of all medical records that pertain to the medical treatment at issue, as well as those related to any second or third opinions obtained from other health care providers. Also, in cases where a physical injury is visible, be sure to take photos that depict any evidence of potentially improper medical treatment.
A Picture is Worth . . .
Remember that preserving physical evidence itself may not always be possible in every case involving an accident or injury. For example, the main causes of a "slip and fall" incident may be uneven pavement on a sidewalk, the absence of a handrail, or sufficient lighting in a stairway. In these situations, your best option is to take clear and detailed photographs of the area where the injury occurred from multiple angles, ideally under the same environment conditions as when the accident or injury took place. It's important to try to capture photos at the same time of day, with the same kind of lighting, and with the same kind of weather as what was present at the time of the accident or injury.
The Bottom Line
Though taking the time to do these things may be the last thing on your mind soon after what may be a traumatic experience, these actions can be very beneficial should you decide to pursue a legal claim for your injuries. Also, if you are unable to act quickly due to injuries or medical treatment, you might ask a loved one or close friend to help you follow the suggestions above.
A Personal Injury Attorney Can Help You Recover
Preserving evidence and taking photographs of your injuries and property damage are only one step of the process. An experienced personal injury attorney will be able to analyze the evidence you've gathered and determine whether you have a legitimate claim against the party liable for your accident. Protect your interests by calling a local injury law attorney today.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
Contact a qualified personal injury attorney to make sure your rights are protected.