EVIDENCE
COLLECTION LAW TIPS INFORMATION LAWSUIT ADVICE COLLECTING PRESERVATION SIMPLE BASICS PERSONAL STRATEGY IDEAS EDUCATION
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Basic
information
on the evidence you should collect and preserve for a lawsuit.
COLLECTING
EVIDENCE FOR A LAWSUIT
Although knowing the law
is vital to any lawsuit, usually what makes or breaks a
successful lawsuit is what measures you take to collect the
facts to your case.
As, in most cases, your
lawyer will not be involved in your case at such an early
stage, it falls to you to know what to do to preserve
evidence that may later become paramount to the success of
your case.
In this regard, the
following are some of the things you should be doing:
EVIDENCE
COLLECTION
Take photos
They say that a picture
speaks a thousand words, and nothing can be more graphic and
useful for a jury to identify with in court than a picture.
So, if you have a cell phone camera, use it to take some photos.
Otherwise, get a camera so that you can take photos of what
has happened.
Preserve the evidence
Beside taking photos to
preserve the sense/picture of what has transpired, you
should also take immediate steps to protect the evidence –
for example, if the case centers on a broken kettle, keep
the broken kettle, don’t just throw it away.
You should remember that
preserving the evidence also means keeping copies of all
relevant documents and correspondence relating to the case.
As soon as possible you should hand these over to your
lawyer and you should not send any correspondence relating
to the case without first having it vetted by your lawyer
for any potential damage contained in the correspondence.
Keep a record of the
events
As soon as the event
that caused you to consider legal action has transpired, take a note of what happened leading up to the event and the
event itself. You should then keep a notebook of all matters
relating to the case. Moreover, if you have sustained an
injury, detail that injury and, if possible, include x-rays
and medical reports. All of these are needed because the
human brain has been known to forget exactly what transpired
- a fact which is not helped by the length of time it takes
for most cases to come to court.
Witness Statements
Included in keeping
records of the events that took place, where possible you
should also ask witnesses to the event to give you a
statement. Here, as a minimum, you should get their name,
address and telephone number. In an ideal world, you’ll also
be able to ask them to give you an oral statement of what
happened by recording this on a tape-machine. But, whatever
you do, do not force people to give you a statement of what
happened – at least, not at this early stage.
In the event that you
have been injured and as a result are unable to undertake
any of these steps, then you should make sure that someone
close to you, such as a family member, is charged with the
responsibility of collecting all the evidence and keeping a
record of what has happened. Indeed, if you are reading this
and you are not the one who has been hurt, but your loved
one has, then you should keep records of what transpired for
them so as to help them in their future lawsuit.
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Law Evidence Information
Basic
information
on the evidence you should collect and preserve for a lawsuit.