The Importance of Preserving Evidence
If you have suffered injuries in an accident or incident due to the negligence of another party, it is vital that you start preserving evidence from the start. In the realm of personal injury law, evidence is a critical component that can significantly affect the outcome of your case. As personal injury attorneys, we know that strong evidence and it’s supporting documentation is the difference between a successful or unsuccessful outcome. In this article, we explore the importance of preserving evidence in a personal injury case and the types of evidence you should preserve.
Why Is Evidence Preservation Crucial?
Evidence is the foundation of any legal case, including personal injury claims. One of the main reasons documenting evidence is crucial in personal injury claims is that it helps establish the facts surrounding the accident or incident. Evidence is vital for supporting your claims, establishing liability, demonstrating the extent of your injuries, and quantifying your damages. Strong evidence in your favor will help you overcome the defenses the opposing party raises.
In a Maryland personal injury case, the plaintiff is required to prove by a preponderance of the evidence that the defendant’s actions directly caused their injuries and damages. This means you need to present enough credible evidence to show that it is more likely than not that the defendant’s actions directly caused your injuries and damages. By thoroughly gathering and preserving evidence, you can increase your chances of meeting your burden of proof, thus achieving a favorable outcome in your case.
Types of Evidence To Preserve
Different types of evidence can help your personal injury case. The following are some of the types of evidence to preserve;
- Photographs: After an accident or incident, you should capture images at the scene if your condition allows you to do so. Capture pictures of the scene, any damages, and your injury. Visual evidence can convey the circumstances leading to the incident or accident and the extent of your injuries. Ensure you take photos from various angles to provide a comprehensive view.
- Photo tips: a) When photographing a car post-accident, try to get photos of the respective vehicles in their positions, if possible, without risk to yourself or others and without impeding traffic b) always take identifying photos starting with a photo of the entire vehicle including license tag and vin number, if possible. After these shots, feel free to take more focused shots of the actual damage. c) When photographing the scene, be sure to take photos from various perspectives showing the road in both directions, street signs, cameras that may have recorded the accident and homes or businesses where witnesses may reside. Take photos of vehicles located near the scene if they are still available. All the are if and only if you are feeling up to the task. d) photograph all injuries, bruises, contusions and scrapes. If you are in the hospital, have someone take photographs of you there. Bruises change colors over time. Photograph your injuries should they worsen following the incident. e) photograph any personal property that is damaged.
- Notes: After an accident or incident, it is crucial to document everything you remember because memories fade over time. You might forget vital details over time. Taking notes immediately after an accident or incident ensures you capture details while they are still fresh in your mind. Record the date and time of the accident or incident, the location, the people involved, and any other relevant information.
- Diary: A journal or diary that documents your pain levels, emotional distress, and how the injury has affected your life, including limitations on activities, can serve as valuable evidence. Keep a record of medications, medical and physical therapy visits. Should you miss important events in your life such as vacations or work, document dates and financial loss.
- Physical Evidence: This includes any physical material that can help support your claim or fight the opposing party’s arguments. Examples include clothing worn during the accident or incident, damaged property, debris from the accident scene, or equipment.
- Medical Records: This evidence is vital for proving the extent of your injuries and the prognosis of your recovery. Medical records include doctor’s notes, diagnostic tests, treatment plans, and medical bills. You should report each new provider to your attorney.
- Witness Statements: Statements from people who witnessed the incident or accident can help corroborate your account.
Contact a Towson Personal Injury Lawyer
Our skilled Towson personal injury attorneys at Hardball Law can assist in collecting and preserving evidence. Our lawyers serving Towson, Baltimore and throughout Maryland can help you prepare a strong case that can increase your chances of recovering the compensation you deserve. Contact us today to schedule a consultation.
Source:
law.cornell.edu/wex/preponderance_of_the_evidence
