The Importance of Collecting and Preserving Evidence in a Personal Accident

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By Yosi Yahoudai
Founder and Managing Partner

If you have been injured in a personal accident, whether a car crash, a fall in a public establishment, or any other type of incident, it is vital to collect and preserve evidence, as it is through it that legal cases are built.

Below, we will detail why evidence is essential and its functions in a personal injury case.

What is the evidence?

The Royal Spanish Academy says evidence is “the available set of facts or information that indicates whether a belief or proposition is true or valid.”

In the case of a personal injury lawsuit, it may include, but is not limited to:

  • Photographs and videos of the accident scene, property damage, and injuries.
  • Police reports and accident documents.
  • Medical records, invoices, and treatment reports.
  • Witnesses.
  • Documentation of expenses related to the accident.
  • Records of lost wages and time away from work.
  • Correspondence pertaining to the case.
  • Communication with the insurance company or the at-fault party.

What is the evidence for?

  • It helps determine the liability of those involved and whether anyone was negligent, reckless, or directly responsible for the accident. This is key to knowing who should compensate whom for their injuries and damages.
  • It is essential to prove that the injuries directly relate to the incident. This way, the at-fault party or their insurance company cannot argue that pre-existing injuries or other factors cause the injuries.
  • The severity of the damages and losses must be demonstrated to ensure fair compensation.
  • Having solid, clear, and convincing evidence provides great negotiation possibilities to achieve a beneficial agreement, even without going to trial.
  • If an agreement is impossible, evidence is the main protagonist in a trial and supports the claim before a judge and jury.
  • Collecting and preserving evidence is vital to having a strong case and obtaining good results in your personal injury claim.

Therefore, if you suffered injuries and/or property loss, you must ensure that the appropriate people collect all relevant evidence. But, above all, if you want positive results, contact a specialist lawyer. Their team will know how to approach your case to help you.

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About the Author
Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.