Volume 3, Issue 4                     The Traut Firm eNewsletter             Sept 2008            www.trautfirm.com

Preserving the Evidence

It is important for someone involved in an injury incident to do what he or she can to preserve evidence that may be needed later to establish liability and/or causation of the injuries;

If for some reason police are not called to the scene, or will not come out, there are several things you need to do.

• If the person who caused the accident is willing to sign a statement admitting fault, have them do it at the scene.

• Take photographs of the vehicles and scene.

• Obtain identification and insurance information from the other driver.

• Obtain identification information of any witnesses

If you happen to slip, trip, or fall and injure yourself:

• Keep your shoes and do not use them after a fall. If any clothing has residue from a spilled substance, do not wash it. Keep it in a safe place.

• Take photographs at the scene.

• Look for witnesses, and those in particular who have information as to how long the substance or condition was present before your incident. This is important in establishing that the defendant had notice of the dangerous condition before your fall.

Injuries Involving Products

For injuries involving the use of products:

• Do not dispose of the product/food that caused your injury. If you do not own it, make sure you advise the owner to retain the product until you can have an expert evaluate it.

• Obtain photographs of the product that injured you. If it is a food or liquid, immediately wrap it up in something secure and place it in the freezer until it can be tested.

If attacked by an animal:

• Call Animal Control

• Take photographs of your injuries, the dog or other animal, and the scene where you were bitten.

• Take photographs of the area in which the dog or other animal was secured prior to the attack.

Assault or molestation can be very upsetting.  Take care to:

• Have a heath care provider perform necessary tests and obtain photographs of any visible marks

• Keep all clothing

• Secure any weapons/items used during the attack/molestation.

• Obtain identification of any witnesses or other victims.

If injured at work:

• Notify employer immediately so that an investigation is conducted

• Be sure photographs are taken of the scene

• Be sure all witnesses are identified.

• If injured by a product or machine, make sure it is taken out of service by the employer until it can be evaluated.

Taking these important steps to secure evidence will help us at The Traut Firm successfully prosecute your case.  For more information, call The Traut Firm at (714) 835-7000. We will be happy to discuss the matter with you.

The Traut Firm
"When You Mean Business"