Preserve Evidence to Protect Your Personal Injury Lawsuit

Gathering and preserving evidence immediately after you have been injured in an accident that was someone else’s fault is a difficult task. You may be traumatized by the scale of the accident or simply not be thinking clearly. However, preservation of evidence will be your best weapon when fighting for your personal injury lawsuit. The better your evidence, the fairer will be the compensation you receive.

The Scene

The best place to gather physical evidence is the scene of the incident. If you are composed enough after an accident, take photographs using you smartphone. If you cannot move around, ask a bystander if they can take pictures. In this day and age, smartphone photo snapping is never too far from an unusual situation. You may simply be able to ask a few witnesses for their contact info and get them to send you the shots they have on their phone. Never put yourself at risk though. If it is a car accident on a busy highway, you definitely should not risk walking around the accident trying to gather evidence.

No one will fault you if you don’t have the presence of mind to act immediately after the incident. In such cases, return to the location yourself as soon as you can or send a relative or friend. Bring a camera to take pictures from various angles and gather other physical evidence. Ideally, you should return to the scene at the same time as the accident occurred. Even if you did gather photographs of the mishap the day it happened, it is still a good idea to revisit the area. You may come across certain evidence which you did not observe earlier, like a bush concealing a “Stop” sign.

Bodily Injuries

If you have photographs of your injuries immediately after the car wreck, or other personal injury accident, it will definitely help in your personal injury case. However, even if these pictures are not available, you can document your wounds well by keeping records of all your doctor visits. Ensure you ask for copies of all medical tests, such as CT scans, x-rays or ultrasounds. Also ask any EMT services you may have used for a copy of their report of the accident. In certain situations, you may have a difficult time getting what you need and seeking guidance from a personal injury lawyer would make your job easier.


Get in touch with witnesses to strengthen your personal injury claim. A personal injury attorney can assist you in getting witness statements that will be eligible to be presented in a court of law. Police reports regarding the incident are a good starting point as they normally list witnesses who came forward following your accident. Another place to look is when you return to the scene you can knock on people’s doors or talk to employees working in the businesses near the location where the accident occurred. You may come across someone who saw something but didn’t approach law enforcement authorities and they might have interesting details to add to your case.

It is important to digitally record all your discussions with a witness and to do so as soon as possible after the accident. Memories can fade fast and a witness account soon after the mishap may hold more weight in court than a witness statement made months later.

Get Help With Your Personal Injury Lawsuit

Preserving evidence after an injury is difficult but extremely important if you want to be compensated for your injuries resulting from an accident caused by someone else. A good lawyer can help you deal with this situation. Call Guajardo & Marks, LLP at 972-774-9800 to speak with an experienced Dallas personal injury lawyer who can assist you and ensure proper gathering and preservation of evidence for your personal injury lawsuit.