After an accident in California, you might need to carefully preserve various forms of evidence. The average plaintiff might not understand which evidence is important or even whether something constitutes evidence at all. As a result, you should strive to preserve anything that you think might be important after your accident. Even the smallest details may prove important, and you never really know how a personal injury case will unfold. If you are concerned about evidence in a California personal injury case, consider discussing these concerns alongside a personal injury lawyer. Not only can these legal professionals help you identify important evidence, but they can also help you preserve it.
Capture Ephemeral Evidence
In the modern era, a crucial concept in many personal injury cases is something called “ephemeral evidence.” This is digital evidence that typically disappears within 24 hours. Examples include Instagram stories, vanish-mode messages, and much more. While ephemeral evidence may self-delete in an automatic fashion, users may also manually remove this content from the web. Preserving this evidence could be crucial in many situations.
For example, you might have been injured by a distracted driver who was texting moments before the crash. How can you prove that they were texting if they were sending incognito or vanish-mode messages? Perhaps you were injured by a spill caused by a leaking water cooler, and maybe the business is claiming that they do not have any water coolers on their premises. What happens if they remove all images of the water cooler from their social media account?
These are just a few examples of how ephemeral content can affect your personal injury lawsuit. Obviously, it makes sense to preserve the evidence in this scenario, and you can do this with a few effective strategies. Perhaps the most straightforward method involves screenshotting the content with your phone. If you see content that might be useful in your lawsuit, you might want to take screenshots and forward them to your lawyer. More advanced strategies are possible, and these may be worth considering. Developers have even created software that automatically captures ephemeral evidence as soon as it is posted, and you might want to explore this technology further alongside your lawyer.
Make Copies
As a general rule, it is a good idea to make copies of any documents or photographs that you think might be useful in your upcoming injury lawsuit. For example, you might have snapped photos of the crash scene with your phone. What happens if you lose your phone? What if your hard drive becomes corrupted? To address these concerns, it makes sense to make copies of the images as soon as possible. Consider storing them on an external hard drive, and be sure to send your lawyer copies of the files. Multiple layers of redundancy ensure positive results.
Keep a Journal
Journaling represents a positive strategy for many injured plaintiffs. Bring out your inner “vlogger,” and consider describing your experiences each day after your accident. This includes how you feel about your medical treatments, how you are dealing with psychological trauma and any other issues you might be experiencing. Written journal entries might also be effective, and they can back up the content of your medical records.
Often, doctors’ notes are short and concise. They may not go into detail about your injuries, and some handwritten doctors’ notes are almost impossible to read. Your journal entries can expand on these basic records, providing greater insights and details that could prove useful in court.
Keep Everything in Writing
Another rule of thumb is to keep all communications with relevant parties in writing. Avoid phone calls and in-person conversations if possible, as you cannot refer back to these comments due to hearsay laws. If an insurer tries to discuss detailed topics with you on the phone, you might want to inform them that you prefer to receive a letter. Hang up to underscore the point. If they have something to say to you, they should make it official. You might also instruct them to speak with your attorney, as these legal professionals can approach these situations in a highly strategic manner. For example, you might receive an “off-the-record” settlement offer, and your lawyer can help you respond effectively.
You might need to file an official report or complaint after your accident. For example, you might have suffered an injury while riding public transit, and the transit authority rules might require you to file an injury report. The same basic rules apply to workplace injuries and many other situations. If you do not file these written reports in a timely manner, insurers could claim that the accident never occurred.
As with all evidence, you should make careful copies of these written reports. Before you send your communications, make copies. You should also make copies of any communications you receive. Email is an excellent way to communicate, as copies are automatically stored on the web.
Preserving Physical Evidence
You might also need to preserve certain physical evidence. This could be particularly crucial in the event of a product liability claim. For example, you might have been injured by a pressure cooker that exploded in your face. In this situation, you should collect all of the broken pieces of the product and carefully store them with help from your attorney. The remains of the defective product could prove useful as you pursue compensation.
Find a Qualified Personal Injury Attorney in California
If you have been searching for a qualified personal injury attorney, look no further than Miracle Law, APC. We know how confusing a personal injury lawsuit can seem, especially when you are preoccupied with medical treatments, missed wages, and psychological trauma. Once you book a consultation with us, you can shift your focus back to healing while we focus on your lawsuit. We can assist with virtually every aspect of this process, including preserving evidence, negotiating for a settlement, and representing you in court. Book your consultation today to get started with an effective action plan.