The importance of preserving evidence in a personal injury case and how to do it

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The first few moments after a car accident are very important for the victims not only to ensure their safety but also build the foundation for filing personal injury claim later. Accidents can leave you disoriented and bewildered, and you take some time to understand exactly what happened. It can lead to traumatic reactions as you stay dazed and then gradually come to realize whether you are injured.  But as soon as you regain your mental composure and the situation seems to be more or less under control you must take actions for finding evidence and preserving it that helps to establish what happened and document your injuries.  Filing a personal injury claim is not enough unless you can build a strong case by comprehensively proving that it was the fault of the other driver that caused the accident and lead to injuries.

The sooner you get in touch with a personal injury lawyer in the USA, the better it is because they can guide you about how to proceed in documenting the facts at the scene of the accident. You can get in touch with Dennishernadez Injury Law Firm who is expert in handling personal injury cases and have successfully settled cases of hundreds of clients. They would advise you to return to the scene of the accident and gather physical evidence as well as locate witnesses and document your injuries.  Compilation of all information should help the lawyer to understand the favorable points that can help to build a strong case to ensure maximum compensation. Based on the evaluation of the information gathered, the lawyer can work out the best compensation for you.

 Going back to the scene of the accident

Car accidents are not the only ones for claiming compensation because the law is very clear that any personal injury even from slip and fall, dog bites, animal attacks, etc. are fit for claiming compensation. Accidents might happen at home too, but no matter where it happens, you must return to the scene as soon as possible in order to locate evidence. Delaying the return can spoil the evidence, and you must never allow it to happen. Moreover, the physical conditions of the place may also change. Once you locate the evidence take photographs of the conditions that may have contributed to the accident or caused it.

Do not be surprised if you discover something you were not aware of at the time of the accident but may be useful to explain what happened.  You may find the deadly spot on the road where you collided and the light at the traffic signal that did not work.  During your visit, you may come across someone who knows that the spot is ill-famed and caused other accidents too and might have even seen what happened to you.

Take many photographs of the accident scene to cover it from different angles especially your view of things just before the accident to give a comprehensive picture of everything to the insurance company later that shows your preparedness to get the most deserving settlement. Take photographs of the accident scene around the same time when it happened and for car accidents, preferably on the same day of the week to capture the kind of traffic on the road.

Protect physical evidence

Physical evidence comprising of something that you can touch and feel is crucial in establishing fault for an accident as it is easier to establish facts than describing it in many words. For example, by showing the dent in a car or pointing at the broken stairs, it is easier to establish the condition that caused the accident and thereby establish who was at fault. Even an overhanging tree branch that obstructed visibility and caused that accident is an important piece of physical evidence. 

Moreover, physical evidence helps to establish the extent of the injury. The dent or damage to the car makes it evident how hard it was hit, and blood-stained clothes or its small pieces bear testimony to the extent of injuries.  Gathering evidence is important, but equally important is the manner of preserving it because you must ensure that the physical evidence retains its physicality as it was at the time of the accident. If preserving the actual object is not feasible, take photographs.  It will act as proof later that you can show to the insurance company.

Find witnesses

Witnesses are most valuable in establishing your case as they provide authentic information without any bias.  To back up, your story, witnesses can describe the incident that they saw at the time of the accident, which should strengthen your viewpoint about the fault of the other party. They may provide additional information that you were not aware of but helps to drive home your point in highlighting the fault of the other party. Some witnesses might not have seen the accident happen but were present at the scene soon after and can corroborate your claim of injuries, pain, and discomfort that they have seen. Another possibility is a witness may refer to some conversation of another person involved in the accident that indicates that someone else other than you was at fault.

 Contacting witnesses at the earliest helps to ensure that they share the most authentic information which might be lost if you contact them after many days when they might forget about what they exactly saw.

Documenting injuries

The best way of preserving evidence is to report to a doctor or medical provider who in the course of medical treatment records the injuries.  Another way is to photograph the injured areas to capture the cuts, bruises, and physical marks including bandages, splints, casts, and other medical devices.

The medical record and photographs are strong evidence of your injuries that no insurance company can refuse and helps to establish the seriousness of injuries as stated in your claim. Quick medical attention will help to understand the nature of injuries better because with time, some injuries might heal, leaving no visible marks. Delay in recording injuries can dilute your claim.