Tips For Preserving Evidence In A Personal Injury Case
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Tips For Preserving Evidence In A Personal Injury CaseStaff Attorney2021-03-20T10:01:42-07:00
If you have been injured in a personal injury accident in Las Vegas, NV, the evidence is essential to prove that your claim is valid. Evidence is the single most important factor the courts will use when determining who is liable for an accident. In a personal injury case, you are required to present evidence to meet the burden of proof, which will ultimately help you win your case.
Although presenting the courts with admissible evidence is critical to a successful outcome in your case, a commonly overlooked facet regarding evidence is preservation. It is imperative that you understand what steps you must take to protect your evidence upon sustaining an accident-related injury to ensure the most favorable outcome possible.
How Evidence Affects An Injury Case
Once you’ve been hurt in an accident, providing the jury with evidence can help you significantly in terms of reaching your result as quickly and efficiently as possible. In some cases, it can even help you resolve a case without having to go to trial! If the opposing party examines your evidence and is convinced you have a strong case, they are more likely to offer you a fair settlement offer beforehand to avoid a costly and lengthy court trial. However, if they believe you do not have a strong case, they may take their chances at court to try to get away with paying you much less than you deserve. For that reason, we have composed this guide on tips for preserving your evidence:
Write Everything Down!
Once you have been injured in an accident, the details surrounding the event will be fresh in your mind. However, as time progresses, memories fade, and scenarios can become convoluted. Moreover, the information you deemed relevant at the scene may not seem as important later on–which can result in a lesser payout. To avoid this, when you are able to, write down as much information as you can remember from your accident and hand the information over to your lawyer for review. Don’t guess what you do or do not think is important–we will do that for you.
Gather Witness Statements
Just as your memory can (and likely will) fade, witnesses are no different. It is crucial that you obtain witness statements as soon as possible following your accident. Doing so prevents them from changing their story and it ensures your record of events is as accurate and reliable as possible.
How you go about getting witness statements varies by situation. A cooperative witness will likely be more than willing to provide their version of the story. However, reluctant witnesses may become hostile and/or aloof. If a witness is unwilling to help, you can send them a formal notice to depose.
Inspect and Document The Scene
A personal injury case is centered around the scene of the accident. The accident scene itself may provide valuable information that can assist in building a strong case. For example, if you were injured in a slip and fall, detecting any water leaks/unsecured liquids will support your claim. If you were injured in a car accident, roadway obstructions and unsafe driving conditions may also play a hand in building your case.
Once you’ve analyzed the scene, document your findings. Take videos and photos of the accident scene. Photos taken on a smartphone or disposable camera will work just fine. These images will ultimately help jurors gain a better understanding of the accident.
Document Your Injuries and Damages
Medical bills, doctors’ appointments, and pain and suffering can be difficult to keep track of following an accident. It is important that you keep a journal to document your injury/healing process, a record of doctors’ appointments and treatments, and the out-of-pocket expenses that you’ve paid. Keep copies of all medical bills and explanations of benefits. Document your pain, but do not lie about your pain. If over time you begin feeling better, make a note of it. The same goes if you feel worse. The more detailed you are, the better chance you have at obtaining a fair settlement.
Do Not Procrastinate!
Becoming injured in an accident is not something that the average person would want to deal with. Unfortunately, accidents do happen, and the outcome of your accident relies heavily on the steps you take to remedy the situation. The worst thing anyone can do following an accident injury is procrastination. As soon as the accident happens, you should begin taking steps to preserve your evidence and obtain adequate medical treatment as quickly as possible if you wish to receive a fair settlement.
It is important to remember that the outcome of most cases is heavily based on evidence. Putting the time and effort into building a strong foundation for your case may seem like a burden; however, it will pay off in the long run.
If you or a loved one has been injured in an accident in Las Vegas, NV, an experienced personal injury attorney can help you gather and preserve the right evidence to ensure a fair and in most cases–a fast settlement payout. They can help you determine the actions you must take to reach the best possible resolution of your case, and they will discuss the details surrounding your accident to help you decide the best course of action to ensure a prosperous outcome.