Injured in a Louisiana Accident? Preserve These 7 Types of Evidence

After a car crash, commercial-truck collision, fall, or other injury-producing event in Louisiana, important evidence can disappear quickly. Taking reasonable steps to preserve information may help establish what happened, identify responsible parties, document injuries, and measure resulting losses.

1. Photographs and video of the scene

When it is safe to do so, photograph the overall scene and the details that may later change. Depending on the incident, this may include vehicle positions, property damage, skid marks, debris, road or floor conditions, traffic signals, warning signs, lighting, weather, visible injuries, license plates, and insurance cards.

Keep the original files whenever possible. Their dates and other file information may be useful. Also identify nearby businesses, residences, traffic cameras, doorbell cameras, or dashcams that might have recorded the event. Some systems overwrite recordings quickly, so early action can matter.

2. Police, incident, and workplace reports

Preserve the report number and request a copy of any police, emergency-response, workplace, property-management, or business incident report. Review the report carefully and note any material information that appears incomplete or inaccurate. Do not alter the document; keep your separate notes with it.

For a New Orleans-area traffic collision, the responding agency may depend on where the accident occurred. Record the agency name and the responding officer’s identifying information if available.

3. Witness names and contact information

Obtain the names, telephone numbers, and email addresses of people who saw the incident or its immediate aftermath. A witness may remember traffic conditions, statements made at the scene, a dangerous property condition, or changes made shortly afterward.

Write down your own recollection while it is fresh, including the date, time, location, direction of travel, conversations, symptoms, and unusual conditions. Be accurate and avoid speculation about facts you did not personally observe.

4. Medical records and a record of symptoms

Keep appointment summaries, discharge instructions, diagnostic reports, therapy records, prescriptions, medical bills, mileage, and receipts for necessary out-of-pocket expenses. Follow the recommendations of your medical professionals and accurately describe changes in symptoms, limitations, sleep, mobility, and daily activities.

A dated personal log can help you remember the course of treatment and how the injury affected ordinary activities. Keep it factual and understand that written and electronic materials may later be requested in a claim or lawsuit.

5. Income, employment, and expense documentation

Preserve pay statements, tax documents, work schedules, missed-work records, and communications concerning restrictions or accommodations. Self-employed individuals may also need business records that reliably show interrupted work or lost opportunities.

Maintain copies of repair estimates, transportation expenses, replacement-service costs, and other accident-related expenditures. Receipts and contemporaneous records are generally more useful than estimates recreated months later.

6. Damaged property and other physical evidence

Before repairing or discarding damaged property, photograph it from several angles and preserve it when reasonably possible. This may include a vehicle, child safety seat, damaged clothing, footwear, safety equipment, broken product, or an object involved in a fall.

If an insurer, repair facility, property owner, or another party will take possession of an item, record when it was transferred and to whom. Ask an attorney before disposing of important evidence when responsibility is disputed.

7. Insurance and other communications

Save claim numbers, letters, emails, text messages, estimates, recorded-statement requests, releases, and settlement proposals. Keep a simple log of telephone calls showing the date, person contacted, and general subject discussed.

Before signing a release or accepting a final payment, consider obtaining advice about what the agreement covers. A release may affect the ability to seek additional compensation if injuries or losses prove more serious than initially understood.

How early organization can help

A Louisiana personal injury claim may involve fault, medical causation, available insurance, past expenses, lost income, future needs, and the effect of an injury on everyday life. Organized records allow those issues to be evaluated more efficiently and reduce the chance that important information will be overlooked.

Evidence needs vary with the circumstances. A commercial-truck collision, dangerous-property claim, or incident involving a government entity may require additional preservation steps and may involve time-sensitive procedures.

This article provides general information only and is not legal advice. Reading this article or contacting Bickham Law does not create an attorney-client relationship. Deadlines and legal requirements depend on the facts and applicable law.