After sustaining injuries in an accident, your immediate focus should be on getting medical treatment and ensuring your safety. However, the actions you take in the hours and days following an incident can greatly impact your ability to obtain compensation for injuries and losses. Proper evidence documentation forms the foundation of any successful personal injury claim, yet many accident victims fail to preserve crucial information that could strengthen their case.
The Orlando personal injury attorneys at Wooten, Kimbrough, Damaso, and Dennis, P.A. understand the critical importance of evidence preservation in personal injury cases. With over 60 years of experience helping injured Floridians, our board-certified trial lawyers know exactly what types of evidence insurance companies and courts find most compelling when determining compensation.
Take Immediate Action at the Scene
If you are physically able and it is safe to do so, begin documenting evidence immediately after your accident occurs. Use your phone to take pictures of the accident scene from numerous angles, capturing the positions of vehicles, visible damage, road conditions, traffic signals, and any hazards that may have contributed to the incident. These photos provide a snapshot of conditions that may change quickly once emergency responders arrive and vehicles are moved.
Write down or record detailed notes about how the accident happened while the events remain fresh in your memory. Include information such as the time of day, weather conditions, what you were doing immediately before the accident, and the events leading to injuries. Insurance companies often question accident victims about these details weeks or months later, making contemporary notes invaluable for maintaining consistency in your account.
Gather contact information from all parties, including names, phone numbers, insurance companies, and policy numbers. Additionally, gather information from any witnesses who observed the incident, as their testimony may prove crucial to establishing fault and liability.
Preserve Medical Evidence and Records
Get medical attention as soon as possible, even if you think your injuries are minor. Some injuries, particularly soft tissue damage and traumatic brain injuries, may not manifest symptoms until hours or days after an accident. Having prompt medical documentation creates a clear link between your accident and your injuries, preventing insurance companies from arguing that your injuries resulted from a pre-existing condition or subsequent event.
Keep clear records of all medical treatment you receive, including emergency room visits, physician appointments, diagnostic tests, physical therapy sessions, and prescriptions. Save receipts for all medical expenses, as these documents will be essential for calculating your economic damages. Ask for copies of your medical records from all healthcare providers and organize them chronologically to create a complete picture of your injury and recovery process.
Record how your injuries influence your daily life by maintaining a pain journal or diary. Record your pain levels, limitations in mobility or activity, sleep disturbances, and emotional impacts such as anxiety or depression. This personal account helps quantify non-economic damages like pain and suffering, which insurance companies often attempt to minimize.
Gather Financial and Employment Documentation
Personal injury claims often include compensation for lost wages and diminished earning capacity. Collect documentation from your employer showing your regular work schedule, hourly rate or salary, and any time you missed from work due to your injuries. If you are self-employed, gather tax returns, invoices, and bank statements that demonstrate your typical income levels.
Keep receipts for all expenses related to your accident and injuries, including transportation costs for medical appointments, medical equipment or aids, prescription medications, and any modifications needed to your home or vehicle. These out-of-pocket expenses are part of your recoverable damages and should be carefully documented.
If your injuries keep you from performing household tasks or caring for family members, document the cost of hiring assistance or the value of services you can no longer provide. These domestic services have economic value that may be included in your compensation.
Handle Insurance Communications Carefully
Contact your insurance company to report the accident, but be cautious about providing detailed statements without legal representation. Insurance adjusters are trained to ask questions devised to minimize your claim, and their conversations are typically recorded. Adhere to basic facts about when and where the accident occurred without speculating about fault or discussing the extent of your injuries.
Keep copies of all correspondence with insurance entities, including letters, emails, and claim forms. Document the names and contact information of insurance representatives you speak with, along with dates and summaries of conversations. If an insurance adjuster requests a recorded statement, consult your attorney before agreeing to participate.
Avoid signing any documents from insurance companies without having them reviewed by a qualified personal injury attorney. Insurance companies may present settlement offers or releases that seem routine but could limit your right to pursue additional compensation.
Work With the Personal Injury Lawyers at Wooten, Kimbrough, Damaso, and Dennis, P.A.
Documenting and preserving evidence for a personal injury claim requires attention to detail and knowledge of what information will be most valuable in negotiations or court proceedings. Our Orlando personal injury lawyers have the experience and resources to help you build the strongest possible case for maximum compensation. As board-certified trial attorneys with the highest ranking for Orlando injury lawyers in the Best Law Firms report by U.S. News and World Report, we know how to effectively present evidence to achieve favorable outcomes for our clients.
Do not let crucial evidence disappear or insurance companies take advantage of your situation. Contact our experienced legal team today to protect your rights and pursue the compensation you deserve. Our attorneys provide personalized attention to every case and work on a contingency fee basis, meaning you pay no attorneys’ fees unless we recover compensation for you. Call (407) 843-7060 to schedule your free consultation and learn how we can help you document and preserve the evidence needed for your personal injury claim.
Legally Written and Reviewed by a Managing Partner
Wooten, Kimbrough, Damaso & Dennis, P.A.
Our content is written and reviewed by our founding attorneys Butch Wooten, Orman Kimbrough, Mike Damaso, and Tom Dennis. Helping the injured since 1966, they’ve successfully handled thousands of personal injury cases across Florida. Whether you’re a Florida resident or an out-of-state visitor injured in Florida, we’re dedicated to providing clear and reliable information to help you navigate your legal options confidently.