Why preserving evidence is vital in a personal injury claim
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Preserving evidence is important in a personal injury claim, as it plays a major role in proving liability and losses and improves the chances of a successful outcome for the injured victim. By collecting and maintaining the evidence, a victim can strengthen their case and support their claim for fair compensation.
By contacting a personal injury attorney near you, you can get legal assistance in preserving evidence and filing a strong personal injury case.
Take a look below to learn the crucial reasons for preserving evidence in personal injury claims:
Proving liability
Evidence, particularly physical evidence, can help in proving who was negligent in the personal injury accident. Physical evidence, namely, a damaged car showing the point of impact and a broken staircase that caused the slip and fall accident, can give tangible proof of the wrongdoing or negligence of the liable party. The victim can preserve physical evidence in the form of the defective product or damaged property involved in the accident, and they can make their claim stronger by showing the conditions that contributed to the injury. Proving liability is important for holding the negligent party accountable for their faulty actions.
Demonstrating the severity and nature of injuries
Preserving physical evidence, such as bloody clothing that has been torn, can visually outline the extent of physical injuries a victim has suffered in a personal injury accident. For example, vehicle damage can prove the accident’s impact and is also helpful in claiming fair compensation. Additionally, medical bills and records act as proof of treatment received. It shows how the victim is affected in terms of wellness, health, and quality of life.
Preventing modification, loss, or elimination of evidence
Generally, physical evidence can be modified, lost by time or weather, repaired, or destroyed when not maintained properly. It is important to protect any physical evidence, such as defective products or damaged property, in the condition they were in at the time of the accident.
That’s why it is essential to capture pictures of the accident scene and injuries immediately after a personal injury accident. As a victim, you should take clear photos before they disappear or change. This is necessary to ensure that all reliable and relevant evidence is available and admissible in court.
Improving credibility
Evidence, which includes surveillance footage and witness statements, can improve the credibility of the injured person’s claim. Witness statements show an impartial report of the accident that occurred, which can support the victim.
It is also important to preserve surveillance footage that supports the condition of the injured victim. Improving credibility is also crucial for persuading the insurance firm and judge to trust and agree with their side of the story.
Improving compensation offers
Preserving evidence can improve the chances of getting fair compensation. By presenting strong evidence, the insurance adjusters will be forced to provide the compensation requested by the victim. Documentary and physical evidence, such as police reports, medical records, and proof of lost income, can show the severity of injuries, economic losses, and the impact on the victim’s life. It will be helpful for getting a higher verdict from the court or negotiating a better compensation offer.
Final thoughts
This article sheds light on the importance of gathering and preserving evidence for a successful personal injury claim. The process of preserving evidence starts immediately after the accident, and it continues for weeks, days, or even months after the injury. Keep in mind that it is necessary to save all physical evidence in a safe place.
Even though preserving evidence can be a tough task, it is still essential for pursuing a personal injury claim successfully.
It is essential to make sure that you are following the right procedures and providing proper evidence. It is better to contact a personal injury attorney who can help you through the complete legal process and improve your chances of getting a favorable result.
