If you ever get into an accident caused by a negligent party, you need to preserve evidence if you intend to pursue a personal injury lawsuit. Your case will hinge heavily on your proof. Since you are technically the first person on the scene, you are in the best position to obtain the initial evidence.
So you know what to collect should you ever get into an accident due to negligence, the following constitutes as evidence for your personal injury lawsuit.
Physical evidence encompasses any sort of evidence that you can see, feel, smell, and the like. For instance, if you were in a car accident, the dented bumper or door of your vehicle where you were hit will show where the collision took place. Paint marks the same color as the other vehicle on your car will prove the other car hit you.
If your tires were not manufactured properly and caused an accident that resulted in an injury, be sure to save the actual tires as part of your evidence. The court will want to inspect the tires for manufacturer defects to help determine fault for your accident.
If you are physically able, take photographs of the scene immediately after the accident. If you cannot take the photographs yourself, have someone come to the scene as quickly as possible to take them for you before everything is cleared away.
Walk around the scene of the accident and photograph everything you see. If the accident involved vehicles, photograph both vehicles, including the position of the vehicles, the damage to both vehicles, any skid mark on the roadway, the roadway itself, and any debris left on the ground.
If you fell down a flight of steps or tripped on a slippery floor in a commercial space and there were no warning signs or partitions to close off the area, take photos of the area as part of your evidence package.
After a few days, you should return to the scene to make sure you did not miss anything. For instance, in a car accident, make sure all the traffic signals work in the area of the accident, and check to see if tree branches are covering up important road signs.
In addition to taking photos of the scene, photograph your injuries. Pictures of your injuries will make it easier to prove the extent of your injuries later.
Another important part of your evidence is all the documentation relating to the accident. Your medical records are vital to your case. If you did not go to the emergency room after your accident, do so as soon as possible. Your medical records will list your injuries and their cause.
If you choose not to seek medical care, the court might think you did not suffer substantial injuries, at least not enough to warrant compensation from a lawsuit for your personal injury.
Although you will work with an attorney, taking the initiative to begin the evidence gathering is helpful to your case. In addition to taking these tips into consideration, your attorney will help you gather any additional evidence pertinent to the circumstance of your specific case.
He or she will also advise you as to what is and is not admissible in court to prevent wasting your time obtaining unusable evidence during the evidence gathering process.
Phillip Wedgworth has years of experience in the field of personal injury. We provide a results-oriented approach to the law. We have a proven track record in both negotiation and inside the courtroom. If you need assistance with your personal injury case, please contact us at The Law Offices of Phillip Garrison Wedgworth.