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Preserving Evidence

Preserving Evidence


When involved in a injury that, because it was caused by the careless of another party, may be grounds for a personal injury lawsuit, one of the most important things to do is to preserve evidence about the incident. This needs to be done promptly, as accident scenes can changed quickly, evidence can be lost, and you cannot rely solely on memory. Following a traumatic experience, preserving memory is probably the last thing on your mind, but these are important actions to take, and if you cannot do them yourself, it is advisable that you have a friend or family member do them for you.
The first thing that needs to be preserved is physical items, such as torn clothing, broken items, documents, etc. The following is an abbreviated list of possible items to keep after various types of accidents which result in injury.
                Motor Vehicle Accidents: You should take photos of the scene, of your own injuries and the injuries of others, and of damage to any property. Furthermore, you need to keep copies of all the medical records of treatment you receive as a consequence of the injury, as well as estimates of property damage, and a copy of the police report or reports.  
Defective Consumer Products : If a household product harms you, you should retain the defective product in the condition it was when it caused the injury. Also, if possible, it is important to keep the written instructions of the item, warnings, labels, and packaging that accompanied the item.  Again, if at all possible, you should locate the original sales receipt for the item.  In the event that you cannot locate the receipt in your own personal records, you can ask the seller if they have a copy.
Medical Malpractice/Birth Injuries: You should keep or obtain copies of all pertinent medical records regarding treatment, and all those related to any second or third opinions obtained from other health care providers.  If a physical injury is visible, you should take pictures, so as to demonstrate that potentially improper medical treatment occurred.  
A final note is to remember that pictures of any accident scene, defective product, injury, etc, are one of the best possible things that you can bring to the table in support of your case. The more you take, from different angles, the better.

If you think you might have a Personal Injury case, Contact our Personal Injury Lawyers Immediately for Help.


Personal Injury Resource Center

  • First Steps
    Actions one should take immediately following an injury or accident
  • The Language of Accident and Injury Law
    A glossary of common terms and their meanings.
  • Stages of a Case
    Outline of the stages of a personal injury case.  This includes contacting a lawyer, finding facts, settlements, trials, and collecting damages. 

     

  • Fault and Damages
    An overview of fault and damages in a Personal Injury lawsuit.






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