How to Preserve Evidence for a Personal Injury Claim in New York

In filing a personal injury claim it is important to provide ample evidence that the opposing party acted irresponsibly, resulting in your injury. In order to do so, it is imperative that all possible evidence is collected and preserved to strengthen your case.

In order for a claims’ adjustor to grant your compensation, you must first be able to prove that the opposing party is responsible for your injuries. Retaining physical evidence from the accident is important in ensuring that you receive proper compensation. Physical evidence consists of anything tangible that a judge can read or look at to support your case. Examples of physical evidence include pictures of the accident scene before anything has been touched or moved, police reports, statements made by any witnesses, medical records, including any x-rays or MRI photos, bloodied or torn clothing, and public records.

Preserving your evidence

Take Pictures: Gathering physical evidence can sometimes be difficult depending on the severity of your injuries. The best and most important place to do so is at the scene of the accident, when the evidence is fresh. Do your best to take pictures at the scene, including photos of any injuries on your body, damaged or bloodied clothing, the incident scene, and whatever caused your injury. Also be sure to take pictures of damages to your vehicle and other vehicles involved in the accident. In addition to pictures witness statements can be very powerful tools in personal injury claims.

Get the witnesses’ statements: Your witnesses may be able to provide information about the accident that you may have overlooked at the time. Be sure to get the witnesses’ statements, as well as ample contact information like their full names, their addresses and phone numbers before they leave the scene of the accident. If you wait until everyone has left the scene to gather your witnesses’ statements, they may be hard to get in contact with and their recollection of the accident may change.

Get medical records: Obtaining medical records having to do with injuries obtained in the accident will also be crucial in a personal injury claim. Helpful medical information will include paramedic reports, doctor’s and nurse’s notes, lab results and your physician’s follow up diagnosis and prognosis. Not only will the medical records help prove that the opposing party acted irresponsibly and caused your injuries, but they will also help determine compensations due to you.

In time of need, we can help. Call us!

If you or someone you know has been injured due to someone else’s negligent or irresponsible actions, contact the law offices of Jacoby & Meyers, LLP today. Our team of personal injury attorneys will stop at nothing to make sure that you are well represented and receive all compensations due to you in your personal injury claim. Call us at 1-877-504-5562.

Dear friends and clients,

In furtherance of our firms culture of commitment to always act with compassion, concern and commitment to our clients, community and colleagues, we have been taking precautions to ensure that we are still fulfilling our ethical and moral obligations while prioritizing health, wellness and safety of all we can. 

As you know, the COVID-19 pandemic has introduced changes to many lives and businesses in our communities, and around the world. We, much like our neighbors and friends, have been taking precautions to ensure that we are still fulfilling our ethical and moral obligation to our clients, while also prioritizing the health, wellness and safety of our employees.

Until further notice, our offices will be closed to the public to encourage social distancing and to help prevent the spread of COVID-19. Our team is still hard at work, many from home, and you may still call, email, live chat or video conference us if you or a loved one is seeking legal assistance. As the first law firm to offer our clients secure online access to their case file more than a decade ago, we have always been believers in using technology to make life easier and information more accessible. In these present times it has been a smooth transition for us to continue to offer our clients the same seamless and thorough service that you deserve and are accustomed to.

This pandemic is unlike anything any of us have faced in our lifetimes, and while we can continue to emotionally support one another through it all, staying home and keeping your distance is vital to the health and wellness of our communities. It does not feel good to break routines, cancel events and retreat from our normal, day-to-day socializing, but let us remember that, in times of strife, prior generations were asked to go to war and we are simply being asked to stay home. Your isolation equals more lives saved, and more time for medical providers to prepare for the treatment of patients battling COVID-19.

When the dust settles, we will join together with a greater appreciation for our lives, local businesses, loved ones and health. Until then, we will continue to offer guidance from a safe distance.

Very truly yours,

Andrew G. Finkelstein and the staff of Jacoby & Meyers, LLP