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Preserving Evidence in a Personal Injury Claim

Preserving Evidence in a Personal Injury Claim

When someone is hurt in an accident, the immediate few days following the incident are critical for preserving evidence. They’re also important for documenting one’s injuries. Often, physical evidence can help prove who is at fault for an accident – something that can be seen and touched or photographed, as opposed to the victim’s statements. Here are some examples:

  • A smashed car showing where and how hard the at-fault driver hit the vehicle. Often, the physical evidence in a car crash can be used to determine angles and speeds prior to the crash.
  • The victim’s bloodied clothing; for example, from a bicycle accident or pedestrian accident, can be compelling evidence.
  • Photos of the victim’s injuries can be valuable evidence. When you have photos of bruising, bleeding, lacerations, etc., it tells a story of what you endured.

It can be extremely important to preserve physical evidence. If evidence is not photographed or preserved, it can be repaired, destroyed, deteriorated by weather, or lost. If you have any physical evidence, such as a damaged bicycle, a smashed car, damaged clothing, a bottle of harmful prescription medication, a defective tire or airbag, or a dangerous toy or other product, our advice is to preserve so it’s exactly as it was right after the accident. You may need to show the physical evidence to the insurance company or a jury to prove what happened.

What if I Can’t Preserve the Evidence?

Sometimes, it’s not easy getting physical evidence. If you don’t have physical evidence or if it’s not possible for you to preserve it, your best option is probably within five feet away from you at this very moment – your cellphone. In these situations, we recommend photographing the evidence immediately following the accident. What’s good about this is you can give the insurance company prints, while holding on to the original digital images.

To capture the best shots, take numerous pictures at different angles and take a video as well. Later, you can go through the images and pick which ones to give to the insurance company, the ones that will highlight what you’re trying to point out.

Related: Preparing a Car Accident Claim

Looking for a Columbia, SC personal injury attorney to file a claim on your behalf? Contact us today to schedule your free consultation.


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