Evidence wins personal injury cases. But evidence can disappear quickly—surveillance footage is overwritten, witnesses forget details, and physical evidence is repaired or discarded. The steps you take in the hours and days after a Chicago accident can make or break your ability to prove your claim.
Why Evidence Preservation Matters
In Illinois personal injury cases, you bear the burden of proof. You must prove the defendant was negligent and that their negligence caused your injuries. Without solid evidence, it becomes your word against theirs—and insurance companies exploit any gaps in documentation.
Evidence also directly impacts settlement value. Claims supported by photographs, witness statements, and documentation settle for significantly more than those relying solely on the plaintiff’s account.
Immediate Steps at the Accident Scene
If you’re physically able after an accident, these steps protect crucial evidence:
Photograph Everything
Use your smartphone to document:
- Vehicle damage from multiple angles
- Skid marks, debris, and the final resting positions of vehicles
- Traffic signals, signs, and road conditions
- Weather and lighting conditions
- Your visible injuries
- The other driver’s license plate, insurance card, and driver’s license
- Any hazardous conditions in slip and fall cases
Get Witness Information
Witnesses provide independent accounts that carry significant weight. Collect:
- Full names and phone numbers
- Email addresses
- Brief notes about what they saw
Don’t assume police will get this information—officers may not record witness details or witnesses may leave before police arrive.
Call the Police
For any accident involving injuries or significant property damage, request a police response. The official accident report creates an official record and may include the officer’s fault determination.
Evidence That Disappears Quickly
Some evidence has a very short lifespan. Acting quickly to preserve it is critical:
Surveillance Footage
Businesses, traffic cameras, and residential security systems may have captured your accident. But most systems overwrite footage within 24-72 hours. Identifying potential sources and sending preservation demands immediately is essential.
Your attorney can send spoliation letters requiring businesses and government agencies to preserve footage before it’s automatically deleted.
Vehicle Data
Modern vehicles contain event data recorders (EDRs) that capture information about speed, braking, and other factors in the seconds before a crash. This “black box” data is invaluable but can be lost if the vehicle is repaired or totaled.
Physical Conditions
Hazardous conditions are often corrected quickly after accidents. If you slipped on a broken step, that step may be repaired within days. Photographs and videos taken immediately preserve evidence of the dangerous condition.
Weather Records
Weather conditions at the time of your accident may be relevant. Historical weather data is available but should be documented promptly.
Medical Evidence
Your medical records are the foundation of injury claims. Protecting this evidence requires:
Immediate medical attention: See a doctor as soon as possible after your accident—ideally the same day. Delays between accidents and treatment give insurers ammunition to claim your injuries have other causes.
Complete honesty with doctors: Tell your medical providers everything about how the accident happened and all symptoms you’re experiencing, even minor ones. Medical records documenting your complaints create contemporaneous evidence.
Follow-up care: Keep all appointments and follow treatment recommendations. Gaps in treatment suggest to insurers that you weren’t seriously hurt.
Photograph your injuries: Document bruises, swelling, and visible injuries as they develop and heal. Injuries often look worse 2-3 days after an accident.
Documenting Your Damages
Beyond proving the defendant’s fault, you must prove your damages. Keep records of:
Financial Losses
- All medical bills and insurance explanations of benefits
- Pharmacy receipts for medications
- Receipts for medical equipment, transportation to appointments, and home care assistance
- Pay stubs showing lost wages
- Documentation of missed work days
- Estimates for vehicle repair or total loss documentation
Non-Economic Damages
Keep a pain journal documenting:
- Daily pain levels on a 1-10 scale
- Activities you can no longer perform
- Sleep disruption
- Emotional impacts like anxiety, depression, and frustration
- Effects on relationships and family life
What NOT to Do
Some actions can destroy evidence or hurt your case:
Don’t repair or discard damaged property until your attorney says it’s safe. Your damaged vehicle or defective product may need to be examined by experts.
Don’t post on social media about your accident, injuries, or activities. Insurance investigators monitor social media looking for evidence to use against you.
Don’t give recorded statements to insurance companies without legal advice. Anything you say can be used to minimize your claim.
Don’t sign medical authorizations from insurance companies. They may use these to access your entire medical history looking for pre-existing conditions.
Legal Tools for Evidence Preservation
Attorneys have legal tools to preserve evidence that individuals don’t:
- Spoliation letters: Legal demands requiring parties to preserve evidence
- Subpoenas: Court orders compelling production of documents and testimony
- Emergency court motions: Requests for court orders to preserve evidence at risk of destruction
- Expert retention: Hiring accident reconstructionists, medical experts, and other specialists to analyze evidence
Protect Your Evidence, Protect Your Claim
The evidence available in the first hours after an accident is often the most important—and the most vulnerable. At Phillips Law Offices, we act immediately to identify and preserve evidence that supports your claim. From sending spoliation letters to hiring expert investigators, we ensure nothing is lost. Contact us today for a free consultation about your accident case.
