Preserve Evidence for Your Personal Injury Claim

by Jeffrey J. Downey, Esq.

You may be entitled to compensation if you have been injured in an accident that was not your fault. However, to make a successful claim, you must provide evidence proving your injuries were caused by accident. This can be difficult if you need to know what evidence to collect or how to preserve it.

To protect your rights, you should start by collecting evidence and hiring an attorney to prosecute your claim.  The Law Office of Jeffrey J. Downey has a track record of success in pursuing personal injury claim.  Mr. Downey started his career defending insurance companies in auto accident cases.  Now he uses his over 30 years of experience to help his clients fight the insurance companies. He has successfully handled car accidents, bike accidents,  truck accidents, train accidents, slip and fall cases and wrongful death cases.  Review his client testimonials to see what his clients have to say. Link (https://www.jeffdowney.com/client-testimonials/)


  1. Hire an experienced trial attorney to put the insurance company on notice of your claim.
  2. Return to the Scene

Returning to the accident scene can be one of the most important things you can do to preserve evidence. This is especially true if the accident happened on a public roadway or in a public place. By returning to the scene, you can note any physical evidence, such as skid marks or debris, that can help establish what happened. Try to return at the same time of day and under similar weather conditions as when the accident occurred. This will help you get a better idea of what the conditions were like at the time of the accident. Take photos that can used at trial or in discovery.

  1. Protect Physical Evidence

Protecting physical evidence can be crucial to proving your case. Make sure you take steps to protect any physical evidence that may exist. This includes taking photographs of the scene and any injuries you sustain. Take photos of the damage to your vehicle.

When taking photographs of the scene, make sure you take them from multiple angles and distances. This will help provide context and show the extent of any damage or injuries. Use a tripod or other stabilizing device to ensure your photographs are clear and focused.

  1. Taking Good Photographs

Taking good photographs is important for preserving evidence for your personal injury claim. Here are some tips to help you take good photographs:

  • Take photographs from different angles and distances.
  • Use a camera with a high resolution.
  • Take photographs of any damage to your vehicle or other property.
  • Take photographs of any injuries you have sustained.
  • Take photographs of the accident scene, including any skid marks or other evidence that may help establish what happened.
  1. Locate Witnesses and secure the police report

Witnesses can provide valuable testimony in a personal injury claim. Locating witnesses can be very helpful in proving your case. Make sure you or your Fairfax personal injury attorney take down their contact information and ask them if they would be willing to provide a statement. If they agree, follow up with them as soon as possible. Witnesses can provide valuable testimony in a personal injury claim.

In any case that is investigated by the police, make sure you secure a copy of the police report, which may also have the names of witnesses.

  1. Document Your Injuries and seek timely medical treatment

Documenting your injuries is essential in proving your case. Make sure you take photographs of any visible injuries as soon as possible after the accident. This will help show the extent of your injuries and how they have progressed over time. You should also keep a journal of your symptoms and how they are affecting your daily life. This can provide context and show your injuries’ impact on your life.

If you’ve been injured in an accident, it’s important to seek immediate medical treatment to document your injuries.  Medical evidence is crucial to proving fault and damages, and without it, you may not be able to recover the compensation you deserve.

  1. Put your insurance company on notice of the claim and determine applicable coverage

Its always a good idea to inform your insurance company about an accident as the failure to do so could give them a defense to providing coverage.  If the driver who caused the accident does not have adequate insurance, you may want to file an uninsured motorist claim, which can only be done through putting your own insurance company on notice.  Also, do not forget to explore potential coverage for medical benefits through your med pay policy.   Insurance can be complicated, so contact counsel for advice on these issues.  In addition, it is always a good idea to speak to an attorney before giving your insurance company a recorded statement.

Contact Information:

The Law Office of Jeffrey J. Downey, P.C.

McLean Virginia Office

8300 Greensboro Drive, Suite 500

McLean, VA 22102

McLean Law Office Map & Directions

Phone: 703-564-7318

Website: https://www.jeffdowney.com/

Email: jdowney@jeffdowney.com

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