Blog Topic

Evidence Preservation

By Michael G. Sawaya

Folks, don't be mislead, if you have been injured and you have only your testimony at the time a case goes to Court, don't expect to be believed. The climate in our Courts today is not one bit pleasant for most injured people. Juries are sceptical at best. The insurance industry and unscrupulous political parties have lawyer-bashed for more than two decades now and the pool of unbiased jurors has grown much smaller. Don't expect to always find a sympathetic ear.

It is best to always have the facts. For instance, if you slip in a store, get names of witness and find out the identity, address and phone numbers (including cell phone numbers) of anyone who saw the incident and anyone who was near the place where you fell. If it is car accident, ALWAYS CALL THE POLICE, make sure you get the names, addresses and telpehone numbers of any witnesses. Don't depend upon the police to get them. Sometimes witnesses will leave before the police arrive. Best advice is to carry a camera in your car, or plan on using the cell phone camera to get photos of the car.

The sad fact is that most persons injured in accidents either are temporarily disabled by the immediate injuries, in a state of altered consciousness or unable to function for some reason or another. If that happens, remember to ask for help from anyone nearby to get the information you need for witnesses. If you are injured by a product, save the evidence. It if is perishable evidence, put it in the freezer so that it won't be further spoiled. Call a neighbor or a friend and ask them to be your witness as to when you put in the freezer and write it down with their signature on it. Get a good lawyer involved right away. If the lawyer is not interested in preserving evidence immediately, call another lawyer and find one who is. Investigators can be expensive, but losing your evidence will be much more expensive.

Good investigators can be difficult to find. It may take some looking to find one. If you have been looking for an investigator, find out what investigations they have done, what experience they have in preserving evidence, whether they have ever had to preserve evidence or provide a chain of evidence for an injury case. Ask a good lawyer for help!

Keep Up the Good Fight!

Topics

Colorado Work Comp System Conflicts
Evidence Preservation
New Laws Allow Veterans to Hire Attorneys
Under-Insured Motorist Law Reinforced!
Uninsured Motorists
Work Comp Physician Selection

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