As experienced Galveston personal injury lawyers, we've seen how proper documentation and evidence collection can significantly strengthen a case. Whether you've been injured in a car crash, suffered a slip and fall at a local restaurant, or been hurt in a workplace accident in the Gulf, knowing what evidence to gather could make or break your Texas personal injury claim.
Capturing the Scene With Visual Documentation
Evidence forms the foundation of every successful case. Even the most deserving personal injury claim may fail to secure fair compensation without compelling evidence.
Accident Photos and Videos
Visual evidence is especially compelling. Photos and videos create a record that can't be disputed. Take pictures from multiple angles showing the whole accident scene, including hazards like broken stairs, wet floors, or vehicle damage. Many accidents happen in areas with surveillance cameras. Request this footage quickly before it's deleted.
If weather played a role in your accident, photograph or record the conditions. For instance, if you slipped on an icy walkway outside a Galveston business that failed to clear it, photos showing the ice and lack of warning signs would be valuable evidence.
Injury Documentation
Document your injuries immediately after the accident and continue throughout your recovery. This visual timeline shows the extent of your injuries and their impact on your daily life.
Physical Evidence
Physical evidence tells part of the accident story, too. Keep damaged items from the accident, including torn clothing, broken glasses, or damaged personal belongings. These items help illustrate the force of impact and corroborate your version of events.
Independent Verification With Witness Statements
Witnesses can be very effective in corroborating and confirming your version of events. Collect the names, phone numbers, and contact details of everyone who witnessed your accident. Ask witnesses to write down what they observed while memories are still fresh. Their contemporaneous accounts can be powerful evidence.
Independent witnesses who have no relationship with you can offer highly credible testimony. Their unbiased perspective can effectively counteract defense claims that you're exaggerating your injuries.
Your Galveston personal injury lawyer can help identify and secure appropriate expert witnesses to support your case. They can bring specialized knowledge to your case, like accident reconstruction experts, medical professionals, or industry specialists.
Proving Your Injuries With Medical Evidence Collection
Medical records are the primary proof of your injuries and their connection to the accident. These records must be thorough and properly maintained to support your claim effectively.
Initial Treatment Records
Emergency room charts document your condition immediately following the accident, creating a clear link between the incident and your injuries. If emergency medical services transported you from the accident scene, ambulance reports detail your condition at the scene and any treatment provided en route to the hospital.
Medical Imaging and Test Results
Diagnostic imaging provides objective evidence of injuries. X-rays, MRIs, CT scans, and other imaging tests offer indisputable proof of broken bones, soft tissue damage, internal injuries, and other harm that might not be visible externally.
Ongoing Treatment Records
The doctor's scribbled notes on your follow-up visits might seem meaningless, but your treatment journey creates a paper trail that proves what you're going through. Medical records from your neurologist linking your dizziness directly to the accident head injury silence insurance company objections. Throughout your recovery, maintain complete records of treatment plans, medication prescriptions, and specialist consultations.
Financial Records to Substantiate Damages
Proper financial documentation allows you to recover both current and future losses related to your injury. These records help calculate the full economic impact of your accident.
- Medical expenses. Keep organized records of all medical bills, including hospital stays, doctor visits, surgeries, medications, and therapy sessions. Even with health insurance, maintain complete records of all charges and out-of-pocket costs.
- Travel costs. Include gas, parking, or rideshare services for medical appointments.
- Home care services. If you needed home health aides or household help, maintain records of these services as additional costs caused by your injury.
- Lost income. Previous years' tax returns help establish your earning pattern, which is particularly important for self-employed individuals or those with variable income.
- Employment benefits. Document any sick leave, vacation time, or paid time off you used during recovery. Even if you received payment during your absence, you may be entitled to compensation for these exhausted benefits.
Critical Timeframes for Evidence Collection in Texas
Learning about relevant timeframes can help you avoid missing important deadlines or opportunities to strengthen your case.
- Scene documentation must happen quickly before conditions change.
- Witness statements should be gathered within days while memories are fresh.
- Surveillance footage requests should be immediate as many businesses delete footage within as little as 24 to 48 hours.
- Medical treatment should be consistent and ongoing without gaps that insurance companies can use against you.
- Symptom journals provide day-to-day evidence, logging your pain levels, limitations, medications, and how your injuries affect your daily activities.
- Save all correspondence with insurance companies, including letters, emails, recorded calls (with consent), and notes from conversations.
In most cases, the statute of limitations for personal injury claims in Texas is two years from the date of the injury, a shorter timeframe than under the Jones Act for maritime injuries. This underscores the importance of timely evidence collection and preservation.