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how to preserve evidence for a personal injury claim

No offense, evidence is your only chance if you happen to get into an accident!

Whenever a person gets injured in an accident, the very next thing they strives for is recovery from all the damage, loss and injuries they have sustained in the incident. First, they seek to get themselves checked and treated in a hospital and next, they have to file a personal injury claim against the defendant to claim benefits.

When a person suffers from a personal injury in an accident, they quickly rush to the hospital for the physical care and treatment and amidst this hassle, they often forget to collect evidence required to file a personal injury claim. This is what weakens the case and the plaintiff often ends up losing the case.

Evidence is your only chance to win the case and to receive reimbursement for your injuries and loss. If you have gotten into an accident and have sustained physical injuries, make sure you hire a professional attorney to file your claim. The attorney will take care of all formalities and legal procedures on your behalf and even if you have not been able to gather evidence, or if the evidence is in the defendant’s custody, your attorney will issue a letter to preserve evidence to the other parties involved.

The issuance of preservation letter to the defendant obliges them to save all the evidences related to the accident and pass them to the plaintiff.

Let’s say this is a case of slip and fall accident in which the plaintiff has slipped and fallen down on a super market store while doing grocery because of the cooking oil spilt on the floor that the store’s management had not cleaned. As a consequence, the plaintiff has suffered from a back injury. In such a case, the CCTV camera footage will be the primary evidence to strengthen the case for plaintiff. But since it’s in the custody of the accused, they might try to compromise the evidence in an attempt to weaken the plaintiff’s claim. In such case, a notice or letter for preservation of evidence can do wonders to your case.

Similarly, if it is a case of a car accident, the primary evidences will include both the vehicles involved. In such a case, a preservation letter from court will oblige the defendant to preserve their car in the damaged condition until all photo evidences have been collected by the plaintiff.

In the case of a truck wreck, the primary evidence will include the driver’s logs and similar records. A preservation notice issued from court via your attorney will oblige the defendant to preserve and bring them to court.

It is often observed that the defendant destroys or compromises the evidence that they were asked to preserve. In such a case, the plaintiff still remains strong to have the benefits of invisible evidences. Here, a plaintiff can request the court to release instructions on their concern about the credibility or authenticity of the evidence before the jury. In such case, the jury assumed that the evidence destroyed by the defendant was a deliberate attempt to weaken the plaintiff’s claim and as a consequence, the decision could be made in favor of the plaintiff.

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