The Importance of Preserving Evidence in a Personal Injury Case

After an accident, your mind races with immediate concerns: Will I be okay? Should I go to the hospital? How will I pay these medical bills? How much work will I have to miss?

Preserving evidence likely falls to the bottom of your priority list. However, this critical step can determine whether you receive fair compensation for your injuries or walk away empty-handed. Evidence forms the foundation of your entire case, and what you do in those first hours and days can significantly impact your ability to recover damages.

A trusted New Haven personal injury attorney can guide you through this process, helping you document your injuries, secure witness statements, and protect your rights from the very beginning.

Why Is Evidence So Important in a Personal Injury Claim?

Evidence serves as the backbone of your personal injury claim. Without compelling evidence, your case becomes your word against someone else’s. Insurance companies and opposing attorneys will actively look for reasons to minimize your claim or deny it altogether, and if evidence is not preserved, your case may be severely weakened or dismissed entirely.

Solid evidence establishes the facts of what happened, proves who was at fault, documents the extent of your injuries, and demonstrates how these injuries have affected your life. The stronger your evidence, the stronger your negotiating position becomes—often leading to faster and more favorable settlements.

What Types of Evidence Should You Preserve After an Accident?

Every piece of evidence adds another layer of support to your personal injury claim. After an accident, make sure to collect and preserve the following:

• Visual Evidence: Take extensive photos and videos of the accident scene, all vehicles or property involved, your visible injuries, and any relevant conditions like weather, road hazards, or defective products that contributed to your accident.
• Medical Records: Seek immediate medical attention even for seemingly minor injuries. Your medical records will establish a direct link between the accident and your injuries, preventing arguments that your injuries came from another source.
• Witness Information: Third-party accounts provide unbiased perspectives that strengthen your case. Collect names, phone numbers, and statements from anyone who saw the accident occur. 
• Physical Evidence: Preserve torn clothing, damaged personal items, or other physical evidence in their post-accident condition. These tangible items can demonstrate the force of impact or mechanism of injury.
• Accident Reports: Notify the proper authorities about the accident immediately and obtain a copy of the official report. These documents contain important information about how the accident occurred, which can help establish fault. 
• Personal Journal: Maintain a daily diary documenting your pain levels, emotional state, limitations, medical appointments, and how your injuries affect your activities and relationships.

How Can an Attorney Help with Evidence Collection and Preservation?

When an accident happens, you deserve support and guidance. A personal injury attorney has the knowledge and resources that you need to not only pursue your legal claim but also collect and preserve the right evidence. From the moment you engage legal representation, your attorney will take immediate action to secure critical documents.

For example, your lawyer will issue formal preservation letters to prevent defendants from destroying or altering evidence such as surveillance footage, internal records, or digital data. While you focus on recovery, they’ll coordinate with professional investigators who can assess how to accident occurred and identify who was at fault. They will also interview witnesses and handle all communications with insurance companies.

Don’t risk overlooking important evidence—trust a Connecticut personal injury lawyer at Lynch, Traub, Keefe & Errante to build your case. Contact us to schedule a free consultation today and begin building your strongest possible claim.