Personal Injury Tips: How to Save Evidence
If you’ve been involved in an accident and were injured, you may be considering filing a personal injury claim to recoup some of the expenses you incurred.
Medical bills can pile up quickly, and injuries can be a serious disruption to family and work life, leaving you without wages and emotional pain to deal with.
If you are planning and preparing to file a personal injury lawsuit, there is one crucial aspect you should keep in mind: preserving evidence. In most injury cases, there are pieces of physical, photographic and other evidence that can help you win your case, helping you pay off the growing medical bills and more.
First, let’s consider the basics of a personal injury case. Most personal injury cases in the state of Florida hinge on one important aspect: negligence.
The basic elements of negligence, which a plaintiff must prove to win his or her case, are as follows:
- The defendant — either an individual(s) or business entity — owed a duty to the plaintiff;
- The defendant breached that duty by failing to act or acting unreasonably;
- The plaintiff was hurt or harmed because of the defendant’s actions; and
- The plaintiff’s injury was a direct result of this inaction or improper action by the defendant.
Now that negligence is understood, how can you go about preserving evidence relevant to your case? Here are a few tips to get your started.
Document Your Injuries
Proving you’ve been injured is central to any personal injury case. This may seem obvious, but it’s an easy element to forego when thinking about bringing a lawsuit against someone. The best way to document your injury is to visit a doctor or healthcare provider, ensuring they give you written copies of any and all injury descriptions, including dates and times. Even better would be to have your doctor photograph and visible injuries, whether that be cuts, bruises, swelling casts, or bandages.
Return to the Site of the Accident
If you were involved in an accident beyond your home or property, it’s wise to return to that location to retrieve or photograph any remaining evidence.
If you were involved in a car crash, for example, you should return to the scene as soon as you can. Take photographs of the surroundings, the street — really anything that could have a bearing on or help explain what occurred.
Be sure to take pictures of the scene from several different angles. If you were involved in a car accident, it might be smart to return at the same time of day as your crash, as it may help provide helpful context about the amount of traffic, road conditions, etc.
Find and Speak with Witnesses
Witnesses to an accident or crash can be very helpful in bolstering your case. They can back up your version of events and provide an impartial look into what occurred. It’s important to reach out to potential witnesses as soon as possible, so they can create a statement of what happened shortly after the incident.
Do You Need Professional Assistance?
If you are planning to file a personal injury lawsuit in Florida, contact the lawyers at Boone & Davis in Broward County. After a free consultation we can begin working on your case immediately.