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Capturing Evidence: The Art of Documenting Injuries to Build a Strong Personal Injury Case in Utah

Posted by Samantha Wilcox | Feb 05, 2024 | 0 Comments

In the realm of personal injury law in Utah, the significance of documenting injuries cannot be overstated. Properly capturing and recording the aftermath of an accident and other evidence and records pertaining to your injuries sustained from that accident can be a game-changer in building a robust personal injury case.  In the end, it is the evidence that you or your lawyer are able to collect that determines whether you win or lose your injury claim.  In this guide, we'll delve into the importance of documenting injuries and provide practical insights to aid in navigating Utah statutes and case law.

The Visual Power of Photos and Videos

In today's digital age, the adage "a picture is worth a thousand words" holds true, especially in personal injury cases. Here are a few tips to

 make sure your photos and videos are as impactful as possible:

  • If you were involved in an automobile accident, if possible, take multiple photos of the vehicles from many different angles at the scene of
    the accident and positioned where they came to rest after impact BEFORE moving them.  Safety is always paramount, however, so if the accident occurred on a busy roadway, move your vehicle to a safe location before getting out and taking photos. 
  • Make sure to take photos of both vehicles involved in the accident---not just your own. 
  • If you injury occurred due to some unsafe condition, take photos of the unsafe condition before you leave the premises. 
  • Make sure to document your injuries as well.  Take clear photographs of any visible signs of injury from multiple angles. 
  • Ensure that these photos accurately depict the extent of injuries sustained. If the photos you take do not adequately capture the extent or nature of the injury, try taking a video instead. Do not speak or make comments during the video. 
  • Take pictures of your injuries throughout the healing process. 

The Role of Medical Records

Obtaining and organizing medical records is a crucial step in building a compelling personal injury case. In Utah, medical evidence is what is predominantly used to prove the type and extent of injuries you sustained. Therefore, it is imperative to gather and present comprehensive medical records to support your claims.  Wilcox & Mastrorocco attorneys can help you with this process so that it does not become overly time consuming, stressful, or expensive. 

Paper Trail: Keeping Detailed Records

In addition to visual and medical evidence, maintaining a comprehensive paper trail is equally important. This includes incident reports generated by law enforcement, communications with insurance companies, and any other relevant documentation arising from your injury.   A well-documented paper trail contributes to the overall strength of a personal injury case, so be sure to keep every letter, email, text message, and any other type of record and provide it to your attorney.

 

Importance of Timeliness

Utah statutes set specific time limits for filing personal injury claims. Timely documentation is critical to meet these deadlines and build a strong case. Promptly gather evidence, including photographs, medical records, and incident reports, to ensure that you have a solid foundation for your claim. Then, immediately give these documents to your attorney so that your personal injury claim is timely filed before it becomes too late. 

Beyond Photos: Written Descriptions Matter

While photographs are powerful, written descriptions often complement visual evidence and aid in presenting a compelling personal injury case.

Most people find this easiest to do by journaling or writing notes on their phone.  Draft a detailed description of how the incident or accident occurred. Keep a list of all parts of your body where you feel any type of injury or abnormality and all of your symptoms.  Include a description of the intensity of your pain (usually on a 1-10 scale).  Draft this list at regular intervals to document the progression of your healing.  Also describe the impact that your injuries have on daily life.  For example, do your injuries make performing your job more difficult or painful? Are you no longer physically able to provide care for your children or play with them?  Has your ability to participate in your normal recreational activities been impacted, such as no longer being able to go on morning walks with your spouse, go to the gym, participate in sports, hike or fish with family or friends, travel, etc.?  This narrative provides reliable and valuable context and depth to the visual evidence that often cannot be replicated through verbal testimony alone. 

Consistency in Documentation

Consistency is key when documenting injuries, as consistency is one factor that can add a great deal of credibility to your case. Because of this, you should ensure that your account of both how the incident occurred and the resulting injuries remains consistent throughout.  Also, make

sure that you report all areas of your body where you are feeling pain to every medical provider that you visit with because a failure to report pain can be highly detrimental to your case. 

This is best illustrated with a common hypothetical:  Let's say that Robert got into an accident and sustained a fracture to his leg and a back injury.  Immediately after the accident, his broken leg was highly painful and was the predominant source of his immediate pain, so when he went to the emergency room, he only mentioned his leg pain.  Thereafter, he noticed  his leg progressively feeling better but his back pain getting progressively worse. Six weeks after the accident, Robert went to his doctor to get his cast removed and casually mentioned his back pain that had been nagging him for the first time.  Imaging was obtained, which showed that he sustained a significant herniation in his back from the accident that needed surgery.  Thereafter, when his claim was submitted to the insurance company, the insurance company denied compensation for the back injury (including the necessary surgery that Robert needed) based on their contention that the pain started six weeks after the accident, and as a result of this "delayed onset of injury," Robert's back pain could not be accident-related.  We know, however, that this is not true. 

This is why it is critical that you mention all areas of your body where you are feeling pain to every doctor that you treat with after the accident.  

Legal Admissibility

Beyond the act of documentation, understanding the legal admissibility of evidence is crucial.  If evidence is not properly documented or introduced into evidence during the litigation process, a court may determine that it is inadmissible and not allow you to use it in court if a trial is needed to resolve your claim.  Attorneys at Wilcox & Mastrorocco are experienced lawyers who are help you ensure that your documented evidence will be admissible in court and presented in a manner that is as effective as possible.  

Conclusion

As we conclude this exploration into the art of documenting injuries for a stronger personal injury case in Utah, it's crucial to reflect on the profound impact that meticulous evidence can have on your legal journey. The photographs you take, the medical records you gather, and the consistency of your documentation all play pivotal roles in shaping the strength of your personal injury case. Further, adhering to the filing deadlines prescribed by Utah statutes ensures that your claim remains valid within the specified legal framework.

In my years as a personal injury attorney in Utah, I've witnessed firsthand the transformative effect that well-documented cases can have on securing just compensation for those who have been injured. The power of evidence extends beyond legalities—it becomes a voice for the injured, a testament to their experience and the impact it has had on their lives.

If you find yourself in the unfortunate situation of being injured in an accident, remember that you don't have to navigate the complexities of Utah's legal system alone. Seeking the counsel of the experienced personal injury attorneys at Wilcox & Mastrorocco is not just a legal step; it is a commitment to ensuring that your voice is heard and your rights are protected. The journey to recovery is not only physical but legal, and having a knowledgeable advocate by your side can make a significant difference. Together, we can navigate the intricacies of personal injury law in Utah, ensuring that your case is not just documented but that you are heard and understood.

About the Author

Samantha Wilcox

Since being admitted to the Utah State Bar, Samantha's practice has been focused on the resolution of all types of personal injury and wrongful death cases, including automobile and motorcycle negligence, truc...

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