How Do Attorneys Preserve Evidence in an Injury Case?

Posted on behalf of Peter T. Nicholl in Personal Injury Published on March 24, 2022

red puzzle piece on a puzzleThere are several things accident victims can do to help gather evidence of their injuries. For instance, taking photos immediately following the accident could be useful when your attorney is building your case. Speaking to witnesses about what they saw and getting their contact details can also be critical. Strong evidence is necessary when pursuing maximum compensation in a personal injury case.

Although you are not obligated to have an attorney represent you and your best interests, having an experienced attorney by your side could be beneficial when it comes to preserving evidence. There are certain steps attorneys can take to help make sure that evidence is not lost or tampered with.

At The Law Offices of Peter T. Nicholl, we offer a free consultation to learn how we may be able to help you. If you have a case, there are zero upfront fees for our services. We only get paid if we help you obtain a recovery.

Available 24/7 to take your call: 410-216-0062.

Steps Attorneys Take to Preserve Evidence

Our licensed Maryland personal injury attorneys know how important it is to preserve evidence following an accident. We are well-versed in gathering all the available evidence to help to build a strong case against the at-fault party or parties responsible for the accident and your injuries.

Sending Anti-Spoliation Letters

One step that may be taken to preserve evidence is sending an anti-spoliation letter to the party in possession of the evidence. This letter orders the individual with the evidence to take steps to preserve it.

An anti-spoliation letter may have a general or specific tone. You are basically asking the party not to tamper, hide or destroy the evidence in question. Sending an anti-spoliation letter does not mean you are accusing him or her of evidence tampering. You are just informing the individual of the relevance of the evidence. This is critical because the party may not even know how important that evidence is.

If the party does damage the evidence, he or she could face sanctions under the law. Be sure that your attorney either hand-delivers the letter or sends it through certified mail so there is proof of receipt.

Anti-spoliation letters are particularly useful in truck accident cases to help protect relevant evidence, such as electronic evidence from a truck’s electronic data recorder or a trucker’s driving logs and hours of service.

Recovering Video Surveillance Footage

Another step that may be taken by your attorney is recovering video surveillance of the accident. This must be done quickly as this footage is often erased or recorded over. Your attorney will know what to do when it comes to determining if there is any footage available and how to go about obtaining it.

Businesses often erase video surveillance footage after a certain time period unless they receive notification to preserve the evidence. If you were injured in an area with multiple surveillance cameras, your attorney may be able to act fast to request and recover this footage before it is too late.

Collecting Official Witness Testimony

Your attorney may conduct depositions with witnesses to obtain their official statements about the accident. Credible witness statements are not only objective, but they can help support your version of events and provide evidence that you did not personally observe.

Your attorney can ask these witnesses the right questions to uncover factors that led to your injuries to build a strong case for compensation. The testimony provided could include:

  • Witnessing the other party acting negligently
  • Knowing of a hazardous condition beforehand
  • Seeing you in pain following the accident
  • Hearing the other party apologize or admit fault

How Can I Help My Attorney With My Case?

There is only so much time to pursue compensation for a personal injury case. It takes time to conduct a detailed accident investigation and gather supporting evidence. If you wait too long, it will be harder for your attorney to preserve relevant evidence on your behalf. This is why it is important to reach out to an attorney sooner rather than later so he or she can get started on your case.

You can help your attorney by writing down everything you can remember about the accident. Memories fade over time so it is important to be as detailed and as specific as you can.

Photographs also play an important role in documenting evidence before it disappears. Take photos of your visible injuries, damage to property, the accident scene and anything else you think may be relevant.

Document your injuries and the treatments you have undergone. Getting medical care can not only help you heal and recover but it can also directly link your injuries to the accident. Be sure to follow your doctor’s orders and attend scheduled appointments. Otherwise, your injuries may be questioned.

Additionally, ask anyone who witnessed the accident for his or her contact details. If it is possible, talk to the witness and take notes or record the conversation on your smartphone. Your attorney can use this information to contact them at a later time to secure valuable witness testimony.

The Initial Consultation is Free of Charge. Call Today

There are many added benefits to having an experienced and knowledgeable attorney handling your injury case. If you need legal help, our attorneys at Peter T. Nicholl Law Offices are here to help. You can learn more about your available legal options by contacting us today to schedule a free initial consultation.

If you have a case and decide to hire our firm, you pay nothing up front. We do not get paid for the services that we provide unless we successfully help you obtain compensation for your injuries.

Legal Help You Can Trust. Ph: 410-216-0062.