Principle Attorney
After an accident, your priority is your health. But once you’ve received medical attention and the dust starts to settle, one of the most important things you can do is preserve evidence. The truth is, injury cases aren’t just about what happened—they’re about what you can prove happened.
Whether you were in a car crash on I‑25, slipped and fell at a Denver business, or were injured at work, here’s what you need to know about gathering and preserving evidence that could make or break your case.
Why Evidence Matters
In any personal injury claim, the burden is on you, the injured person, to show that someone else was at fault and that your injuries are real and serious. Insurance companies won’t just take your word for it—they look for ways to downplay your injuries, dispute liability, or argue that you were partly to blame.
That’s why evidence is so powerful. It gives weight to your claim, supports your story, and helps your attorney push back against lowball offers or wrongful denials.
Key Types of Evidence to Preserve
The more documentation you have, the better. Even the smallest details can make a significant difference. Here are the main categories of evidence that can support your personal injury case:
1. Photos and Video
Visual evidence is often the most persuasive. If you’re able, take photos or video of:
- The accident scene (vehicles, hazards, debris, lighting)
- Property damage
- Injuries (cuts, bruises, swelling, assistive devices)
- Weather or road conditions at the time
- License plates, signage, or traffic signals nearby
Try to capture the scene from multiple angles. If someone else took video (e.g., a bystander, security camera), make a note and ask for a copy if possible.
2. Medical Records and Bills
From the moment you seek care, your treatment history becomes part of your legal case. Be sure to preserve:
- Emergency room records
- Diagnostic imaging (X-rays, MRIs, CT scans)
- Doctor’s notes and treatment plans
- Surgery reports and follow-up visits
- Pharmacy receipts and prescribed medications
- Physical therapy records
These documents outline the extent of your injuries, your treatment timeline, and the impact on your medical and financial life.
3. Witness Information
Statements from people who saw the accident can provide neutral, third-party confirmation of what happened. If anyone was nearby:
- Ask for their name and phone number
- Jot down what they said they saw
- Let your attorney follow up for formal statements if needed
In some cases, eyewitness credibility can carry significant weight, especially if the other party presents a conflicting account.
4. A Personal Injury Journal
As we mentioned in a previous post, a daily log of your recovery helps document:
- Pain levels
- Emotional distress
- Activities you can no longer do
- Impact on work, sleep, and quality of life
This helps humanize your case and gives depth to the numbers on a spreadsheet. Keep it honest, consistent, and private—unless your attorney advises using it as part of your claim.
5. Police or Incident Reports
If police or security personnel responded to the accident, request a copy of their report. These often include:
- Preliminary findings about fault
- Citations issued
- Diagrams of the scene
- Statements from involved parties or witnesses
In workplace or store-related accidents, request a written incident report from management as soon as possible and ask for a copy for your records.
6. Communications and Documentation
Hold onto any communication related to the accident, including:
- Emails or texts from witnesses, employers, or involved parties
- Insurance company letters, voicemails, or adjuster notes
- Appointment confirmations or bills
- Notes you took right after the incident
Also, take screenshots of any social media posts the other party made about the accident—these can sometimes contradict what they say later in court.
How Long Should I Retain This Evidence?
There is a statute of limitations that restricts the time frame in which you can file a personal injury claim. Delaying can hurt your case, as memories fade, scenes change, and crucial details fade away. Store all physical and digital evidence in a secure folder (ideally backed up) and provide a copy to your attorney as soon as possible.
Let Us Preserve the Evidence and Protect Your Rights
You shouldn’t have to worry about preserving every detail while trying to recover from an injury. That’s our job. At the Law Offices of Dianne Sawaya, we understand that evidence matters most, how to obtain it, and how to utilize it to build a strong, well-documented case. If you’ve been injured and aren’t sure what to do next, we’re here to help you take the right steps. Contact us today to get started.