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Securing Evidence for Liability and Damage Claims

Prompt Action is Key to Preserving Critical Evidence and Securing Witnesses for Your Case

The period immediately following an incident can be crucial in collecting and safeguarding evidence of the events that transpired, as well as in documenting your injuries for future claims. As advocates for your legal rights, Flaxman Law Group stresses the importance of taking the necessary steps promptly if you find yourself involved in an accident.

Revisit the Accident Site

If the accident happened somewhere other than your residence, it is essential to return to that locale as soon as it's feasible. Purposefully look for and capture any conditions that contributed to the event with photographs. Surprisingly, you might uncover overlooked evidence that clarifies the accident's dynamics, like a defective traffic signal or an uneven surface you tripped on. During this return visit, you also might encounter eyewitnesses who have crucial details about the accident or information about similar incidents occurring at that location.

Photographic evidence is powerful; hence, take multiple shots from varying perspectives, especially as seen immediately before the accident. This helps to reconstruct the scene vividly. Capture images at the same time of day—or for vehicle-related accidents, the same weekday—to align with the traffic conditions when the incident took place.

Preserve All Physical Evidence

The determination of fault can often pivot on "physical" evidence—tangible items instead of narrative descriptions. Examples include a malfunctioning traffic light, signs of impact on vehicles, or obstructions that impeded visibility. This type of evidence not only establishes fault but also the severity of the collision through property damage and the impact depicted on personal belongings, such as tattered or stained clothing. Where possible, preserve these items in their post-accident state, or take detailed photos as a record.

Tips for Effective Photographic Evidence

Consider these guidelines for capturing informative and compelling photographic evidence:

  • Opt for high-quality photos over Polaroids for their enhanced detail and accuracy.
  • Take pictures from various angles to ensure you have a selection that best depicts the crucial aspects of the incident.
  • Act swiftly to photograph the evidence before any alteration occurs, preserving the post-accident conditions.
  • Have a witness observe you taking the pictures and note the date, or get the developed photos dated by the photo lab to verify when they were taken.
Find and Speak With Witnesses

Eyewitness accounts can be invaluable. Their description could corroborate your account and support your case with an insurance company. They might also provide insights that demonstrate the fault of another party involved in the accident. Even those who didn't witness the event directly may offer testimony about your immediate post-injury condition or recall relevant statements made at the scene.

However, witness cooperation is time-sensitive. Their recollection deteriorates rapidly with time, so it's imperative to engage and document their accounts expeditiously.

Documenting Your Injuries

The most effective approach to preserve evidence of injuries is through immediate reporting to a medical professional. Furthermore, photographing visible physical injuries sustains your claims, evidencing the true extent of your injuries.

Tangible medical records and photographs substantiate your reported injuries, enhancing credibility with insurance companies. Delayed medical attention or lack of visual documentation can undermine the perceived severity of your injuries, leading to skepticism regarding the genuineness or magnitude of your claims.

For assistance with your case and to protect your rights, contact Flaxman Law Group at 954-987-0099. We offer a Free Accident Consultation to guide you through these critical post-accident steps and ensure the robust preservation of evidence for your claim.

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