If we could give just one piece of advice to our past or potential clients to help them achieve the best possible outcome in their case, it would be to document evidence.
This is a fundamental part of the legal process, but for a variety of reasons, it’s often neglected until it’s either much harder or even impossible to do properly.
To help you understand the importance of documenting accident evidence whenever there’s a chance you’re going to end up in court, we’re going to go over why it’s so crucial and how you should approach it.
Why is Documenting Evidence Important When an Accident or Wrongdoing Occurs?
First, let’s cover the core reason it’s so important. Many times, this step is neglected for a couple of reasons.
Usually, the stress of the situation leaves you feeling overwhelmed, and in the chaos of it all, you don’t even think about personal injury documentation or the possibility of a future court case unfolding. That’s understandable, but it makes a bad situation even worse as time goes on.
Then, there’s the fact that many people think court cases involving straightforward topics are going to be reasonable and clear-cut.
If you slip on a wet floor with no signage around and break your arm, you’d think it would be a clear-cut case, and the court would just order the defendant to pay an appropriate amount. Unfortunately, that’s not how it works.
The other team has rights, and they won’t hesitate to use every tactic available (including some dirty tricks) to reduce how much they have to pay you. Even if the case should have an obvious outcome, you’d be surprised how easily a skilled legal team could flip it around so you get far less than the case is worth, and in some instances, they might even be able to make it out as your fault.
You need evidence to counteract the opposition’s legal team, or the entire case can fall apart.
Things Evidence Helps with in a Court Case
For this, we’re going to assume it’s a case that is very clearly the opposing side’s fault. Cases that are a bit more nuanced rely even more heavily on evidence, and the consequences can be even worse. So, just keep that in mind.
Still, documenting evidence after an accident thoroughly (even things that might seem unimportant) serves several important purposes:
1. Reduces Comparable Negligence Claims
One of the most common ways a company fights having to pay you is by leveraging what’s known as comparative negligence. Comparable negligence is the legal concept that both parties played variable roles in the accident. This determines how much is owed and whether or not you win at all.
If you don’t gather accident evidence, the opposing legal team will look for any angle to shift the blame. They might even use something as minor as a known mobility issue (like when you slipped and fell in their unmarked puddle) to argue that you were equally at fault for not recognizing your own limitations.
This can happen even in a car accident, where conditions might seem obviously in your favor.
However, if you have evidence, it’s harder for those silly arguments to work. You can prove that the vast majority of the fault is on the other party.
2. Leveraging Higher Settlements
A lot of cases end up in a settlement. They’re not taken to trial to let a judge decide. This is easier, faster, and if done properly, the defendant saves some money while you get the most money possible without the risk of a trial.
However, the opposing legal team will try to pay you as little as possible. If you don’t have leverage, such as evidence that you can win the court case, the opposing team has a lot more that they can do to bully you into accepting a low settlement.
But you want the exact opposite: to maximize your personal injury settlement. Whether it’s a work injury claim or something else, strong accident evidence helps you hold your ground.
With enough accident evidence, you can maintain control and prevent that. You’ll almost certainly give up a little value for a settlement, but a lot of evidence will mitigate the loss.
3. Deal with Insurance Faster
Sometimes, the biggest problem isn’t the defendant. The insurance company can be a much bigger issue. Insurance companies are so good at denying or delaying claims that a lawyer is often required just to make them do the job they’re legally required to.
In cases like medical malpractice, where timelines and records are critical, evidence can make or break your ability to push a claim forward.
In short, if you have evidence, you’ll have a much easier time making the insurance company honor its role in the process.
Read also: How to Handle Insurance Companies After an Accident
4. Your Lawyer Will Be Far More Effective
A good lawyer is your best weapon in a court case. They are professionally trained and experienced in navigating courtroom procedures and fighting your case for the best result possible. However, they’re kind of like cars. Evidence is their “fuel”, and without it, they can only do so much.
Now, a good lawyer will put in a lot of effort to gather accident evidence that you might not even be able to get, but the more you can bring to the table, the more effective your lawyer will be.
Collecting Evidence: When to Start and How to Approach It
Now that we’ve covered how important it is and why, it’s time to cover how you can handle evidence gathering effectively.
This isn’t too complicated. However, it’s important to remember these tips even though the situation is stressful.
1. Don’t Provide Any Evidence
The first thing you can do is refrain from giving the opposing side anything they can use. This sounds simple, but even something as simple as casually saying you shouldn’t have done something in an attempt to empathize with the other party can cost you big time later on.
Do not communicate beyond the required information exchange for insurance and legal purposes.
2. Take Photos of Every Detail
If the situation isn’t immediately life-threatening, start taking pictures immediately. This is going to provide a lot of the evidence you need to prove fault and the extent of the damage.
3. Seek Medical Attention Immediately
If you’re seriously injured, this should be your priority. Your health is the most important factor. However, even if you’re not noticeably injured after the incident, do your information exchange, get the police involved, take photos, and make sure you have medical care on the way while you do that.
You might not notice an injury right away, but you can be seriously injured and warrant compensation.
You Don’t Have to Go Through This Alone
The aftermath of an accident can be overwhelming—physically, emotionally, and financially. But you don’t have to navigate it by yourself.
At the Law Office of Scott D. DeSalvo, we’re here to guide you from the very beginning. Whether you’re still at the scene or reaching out as soon as you’re able, getting in touch with a trusted injury lawyer right away can make all the difference.
And not just any lawyer will do – you need one with a proven track record of winning tough cases. In addition to the types of claims discussed here, we also handle construction injuries, motorcycle and bike accidents, Uber & Lyft cases, and even dog bite injuries – so whatever you’re facing, we’re ready to help.
Contact us today for your free consultation, and let’s get to work securing the compensation you deserve.
