How To Gather Evidence for a Personal Injury Claim

Circumstances can change quickly. Accident scenes get altered. Memories can become unreliable, and evidence can get overlooked or misplaced over time.

Two critical issues in any legal claim brought after an accident or injury are:

• What exactly happened during the incident that gave rise to the claim?
• What kind of harm resulted?

These issues will arise at many stages of a personal injury case, and more complex cases can last a year or more, so having a clear record to refer back to can contribute to the success of your claim.

Preserving evidence, recording notes, and taking photographs are only the start of the accident claim process. Talk to an experienced personal injury attorney to get help analyzing the evidence you’ve gathered. A lawyer can advise whether you have a legitimate legal or insurance claim.

Types of Evidence in a Personal Injury Case

When a case goes to court, the judge or jury will make a decision based on the evidence and legal arguments presented. Compelling evidence is central to a strong case.

Common pieces of evidence in personal injury lawsuits include:

• Photos of the injuries or the accident scene
• Police reports
• Surveillance footage or other video evidence
• Medical documentation
• Communications between the parties and the insurance companies
• Quotes for property damage or medical expenses
• Expert witness testimony
• Eyewitness testimony

Strong evidence can help prove each element of a negligence claim for a serious injury. Some evidence may work to show the other person’s responsibility for the accident, while other evidence can prove your damages.

The process of gathering this information starts on the day of the accident. Even if you needed emergency medical care and couldn’t take notes and photos immediately, items like your medical records or accident reports can begin a paper trail for your case. But as soon as you are able, it is wise to begin collecting as much evidence as possible.

What Are the Best Ways To Preserve Evidence in an Accident or Injury Case?

One of the best ways to make sure that you preserve every important detail of your accident or injury is to take notes as soon as possible after the incident, including what happened and the effects of your injuries on your daily life.

Taking notes may be the last thing on your mind soon after what may be a traumatic experience. But remember that it will help strengthen your position in a legal claim for your injuries.

Another first step in protecting evidence of your injury is to preserve every physical item. This includes torn clothing, broken equipment, and essential documents. 

You might also want to ask a loved one or close friend to help you follow the suggestions described below if you are unable to act quickly due to injuries or medical treatment.

What To Write Down

As soon as you can, write down everything you can think of that relates to:

• What exactly happened before, during, and after the incident: time and place, weather conditions, who was present, what was said, how the incident played out, what you experienced and felt, and anything else that you feel may be important to record.
• Extent of your injuries: what injuries you suffered (physical and mental), medical treatment you received (past and future), and the effect of your injuries on every aspect of your work, social, and personal life. This includes visits to the doctor and physical therapist, time missed from work, any planned vacations that were postponed or cancelled, and the effects that your injuries have had on your close family relationships.

Take Notes Throughout the Claim Process

As your claim progresses, continue to keep track of new developments by taking notes after any conversations with your insurance company, medical care providers, witnesses to the incident, and anyone else with whom you discuss important aspects of your case. Write down each person’s name and contact information, the date and place of the conversation, and as much as you can remember about what was said.

You should continue to chronicle the day-to-day details of your injuries, including how they impact all aspects of your life, and keep track of your progress toward medical recovery. Making and referring to these notes will help you and your attorney throughout the claim process, and can assist in your effort to receive fair and adequate compensation for your injuries.

Gathering Evidence Based on Your Claim Type

Certain evidence is necessary for different types of accidents. Here are some steps to take after some common injuries.

Motor Vehicle Accidents

After a car accident, you should take photos from different angles of the scene. Photograph any visible injuries and any property damage. Snap photos of any skid marks on the road. Get witness statements from any bystanders who might have seen the accident. Get photos of the other driver’s license plates and jot down their phone number.

Get copies of all medical records and medical bills about your treatment after the accident. Keep copies of property damage estimates. Keep all receipts and documents related to repairs. Get a copy of any police report from the scene of the accident.

Closed-circuit television (CCTV) surveillance from nearby stores may also have captured the car crash. It might be necessary to get the footage captured by such CCTV feeds.

Defective Consumer Products

If you suffer an injury from a faulty product, such as a household appliance, preserve the item in the same condition it was when the incident happened. Keep all written instructions, warnings, labels, and packaging with the thing and give them to a personal injury lawyer.

Try to locate the original sales receipt. If you can’t find the receipt in your records, ask the seller if they have a copy or get a copy from your online bank records.

Medical Malpractice and Birth Injuries

In a medical malpractice or birth injury case, keep or get copies of all medical records related to the medical treatment at issue and those related to any second or third opinions from other health care providers. Also, in cases where a physical injury is visible, take photos that depict any evidence of potentially improper medical treatment.

Premises Liability and Other Types of Accidents

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 insufficient lighting in a stairway.

In these situations, your best option is to take clear and detailed photographs of the area where the injury happened from several angles, ideally under the same environmental conditions as when the accident or injury took place. Try to capture photos at the same time of day, with the same kind of lighting, and with the same kind of weather as the time of the accident or injury.

Have Questions About Taking Notes About Your Injuries? Ask a Lawyer

Taking notes about your injury is a vital step in preserving evidence of an accident, but it’s just the first part in a long and often complicated process. Another important step is to consult with a local personal injury attorney.

An experienced attorney will be able to analyze the information and evidence you’ve gathered. Your lawyer can determine whether you have a viable claim and explain your options for proceeding.