Evidence disappears faster than you would imagine after a car accident. Skid marks disappear come the next rainstorm; witnesses need to be somewhere, so you cannot wait on them to stick around forever, and memories start to blur virtually immediately.
If you live in Virginia and would like to attempt to win your personal injury lawsuit, then you need to take every shred of evidence that you can promptly.
“Every little thing counts: taking the snapshots, getting the reports, and preserving those dull forms. It is dull, I confess, but it may be the difference between receiving the compensation to which you are entitled and being left behind,” says Virginia personal injury lawyer Dave Benowitz of Price Benowitz LLP.
This is the behind-the-scenes on getting and preserving the evidence that you require to support your story.
Capture the Scene
Insurance folks and judges love and trust visuals. So the next time something happens to you, the best thing to do is pick up the phone and start snapping pictures or hit record as soon as you can.
Focus on skid marks, smashed cars, strange objects on the road, or that creaky staircase that caused the fall. And if there is bruising or slashing somewhere on your body, bring it along too. Do not do it just once, though; notice how things develop over time and document the journey in pictures.
Gather Witness Statements
The gritty details are obtained from the photo, but the interview of the actual witnesses seeing the whole mess take place is where the scoop is. If there was anyone there when it took place, try to get their information immediately, though talk to them first to see if they are fine with it.
Your witnesses are your insurance when the opposition tries to spin it. Get them on board early because no one remembers everything forever. Reinforce what they have to say with your photographs, and now you have a very strong case.
It is not just what you saw; it is what everyone saw, and what the images illustrate. That particular mix is quite solid to argue about.
Purchasing Official Reports
Get copies of important reports, such as the police reports or even the property manager’s report, another bare gold when it comes to having evidence tight. If anyone within the authorities comes visiting on your doorstep, you bet their forms will be worth their weight should it be presented to the court.
Insurance adjusters and judges are serious about these reports. Stack them on top of your pictures and whatever evidence your witnesses are going to testify to, and you are essentially constructing a fortress over the story you are sticking with.
Maintaining Medical Records
Your medical records are gold when it comes to constructing your personal injury claim. Do not wait following an accident; get yourself checked by a doctor even though you’re not too injured or even if you think you’re “okay.”
Half the time, those pesky injuries will not even materialize until days later, and that initial stretch of medical records is the very adhesive that binds the injuries to the accident on paper.
Preserve every one of those test results, doctor reports, medications, bills, the whole shebang. Those pages are your proof of the pain and inconvenience that you have endured.
Saving Your Evidence Securely
After you have managed to obtain the evidence into your hands, make copies of it and keep it somewhere permanent, like Google Drive or Dropbox. Make physical copies as well. You never know when technology is going to fail you.
In case the opposing party has evidence relevant to your case, attorneys will send a letter of spoliation. Those are letters to the opposing party requesting that they save evidence on their end. Spoliation letters are especially critical if you are going against giant corporations or insurance people who enjoy playing games.
So it is worthwhile to have a personal injury lawyer on your team early; otherwise, things can become unnecessarily complicated. They will know precisely what is important and precisely how to keep it all secure.
Also Read: Before You File a Florida Personal Injury Claim, Read This
