The Importance of Preserving Evidence
It is fair to say that every personal injury attorney prefers that a new client contact a lawyer immediately after an accident or injury. The reasoning behind this is important-the lawyer and the client need to preserve the evidence in your case as soon as possible. Regardless of how you were injured or the type of case you have, every claim or lawsuit requires EVIDENCE. This means that you need to immediately gather as much information and documentation as you can to support your case. Here are a few very important tips to keep in mind should you or a loved one become involved in a car accident, slip/trip and fall, wrongful death, medical malpractice or dog bite case.
• Obtain a crash report (auto accident) or incident report (slip/trip and fall). It is common in a slip/trip and fall case that the premises owner (grocery store, retail establishment etc) refuses to provide you with a copy of the report. Do NOT leave the store without a copy. If your injuries prevent you from obtaining this report, call a friend or family member to assist.
• Obtain the name, address and phone number of any and all witnesses. It is very common that there are witnesses to an accident but unfortunate that their information is not obtained to assist you in your case. For example, if you claim you had a green light and a witness agreed that you had a green light, but the other vehicle claims he had the green light, it is a he said/she said case without your eye witness’ supporting testimony. Another example-after a slip and fall, you claim there was a large puddle of water or liquid on the floor. A witness helps you stand up from the floor and the witness clearly sees the water or liquid substance. During the course of your case, the store manager claims that when he was called to where you fell, there was no liquid substance on the floor. Again, without the witnesses’ information to support your claim, your case could significantly suffer.
• Photographs. Photograph the scene of the accident (the intersection or the aisle where you fell). Photograph the property damage to the outside and the inside of your car. Photograph any bruises, lacerations, stitches or other injuries you suffered.
• Save and preserve in a safe place the clothes and shoes you were wearing at the time of the accident.
• Make use of your cell phone. If at all possible, record the scene of the accident or the place where you fell. If you are too injured-ask someone to help you. If you are unable to do this immediately after the accident, return to the scene and record/photograph it at your earliest convenience.
• Keep receipts for prescriptions, medical records, product instructions, medical bills etc.
• Keep notes/logs. Write down in detail your pain and suffering each day. Make sure to list missed vacations and invitations. Write down each doctor visit you attend and what you were told by the physician.
This blog was written by Amanda Downing, Esq. of The Dellutri Law Group, P.A.. Ms. Downing practices in the areas of Personal Injury, Wrongful Death, Mass Torts, and Products Liability
