The 5 Worst Photo Mistakes that Harm Your Injury Case Value
Personal Injury and Wrongful Death cases are based on evidence. Evidence comes by what people have seen, heard, felt, and smelled (live testimony). Evidence comes by documents (police reports, death certificates, medical records, bills, and diagrams). Evidence comes by photographs and video.
Why are Injury Accident Photos So Important?
Photographs and video are the most perishable evidence one can assemble for your injury case. Opportunities often only occur once. Photos and video are key to case value. Photos and video prove live testimony is true. Photos reveal the lies told by others. Photos help the facts become memorable. Photos help testimony become understandable. Photos preserve where memories fade.
Two main case factors relate most directly to photo and video use. These are (1) liability (who is at fault), and (2) damages (how much money is your claim worth). Avoiding common mistakes is needed because of:
- the direct relationship between the ease of proving an accident case,
- the time an accident case will linger, and
- what an accident case is worth in money.
What are the 5 Most Common Photo / Video Mistakes I Can Make for an Injury / Death Accident?
This is part of our continuing series to help auto accident attorneys, wrongful death lawyers, and injury victims maximize their success.
Mistake #1 – Taking Too Few Photos
Taking an accident or injury photo is free using today’s digital cameras. I can’t tell you how often I request an injury victim to take accident photographs, and they walk into my office with three photos. Taking too few photos is a common, critical error. Many things need documented for a wrongful death or auto accident claim. For example, you should photograph and video the:
- Your property damage
- Their property damage
- Police vehicles
- Ambulance/Fire Trucks
- The accident scene (all 360 degrees)
- The road/ground around the accident
- Vehicle Exteriors (all accident vehicles; all the way around)
- Vehicle Interiors (back, front sides)
- Injuries you have
- Injuries others have
- Traffic
- Any other item seemingly important
Mistake #2 – Delaying Too Long to Photograph
Injuries heal. Harm looks most graphic when it is new, and can go away in hours or days. You are not being morbid. Photograph what is going on, at the time it is going on and the victim will thank you later on.
Traffic conditions and road conditions change within seconds and minutes. These may be important to an auto accident or death case. Document these through photographs and video. They will show the reality of what happened to those who weren’t there. They’ll remind you of what you may forget!
Vehicles vanish after auto accidents. Insurers commonly buy them or junk them within days. In most auto accident claims, the insurance company is the only party with photographs of the vehicles. Those photographs show only what the insurer wants others to see. Preserve your case value and story through timely vehicle crash photos.
Weather is often an issue in cases. It only takes a moment to photo and video the conditions. Preserve them!
Medical treatment is only a one time only event. Show what the accident injury victim is going through for treatment so other can understand.
Mistake #3 – Thinking Too Narrowly in your Photo Choices
It is impossible to foretell what issues will become important in a personal injury lawsuit. Diligent, and copious photographing can save the day. Show both auto accident vehicles, and the scene, and the people. The easiest way to avoid this mistake is:
- Take out your camera
- Set is on video mode
- Go to the accident scene center
- Video 360 degrees … all the way around
- Video up and down, high and low
- Go the the far side of the accident scene
- Repeat, with a second video all the way around, up and down
These two short video (a minute is all you need) will preserve more that one can imagine and avoid mistake #3.
Mistake #4 – Losing Interest in Taking Photographs After Time
Perseverance is key to much of life’s success. This is also true with accident claims and the evidence supporting them. Personal injury and wrongful death claims, (as their largest single aspect of money damages), claim long term suffering and changes over months and years. Early, quality photographic and video evidence is critical most importantly to show fault and severity. However, the best evidence of case money value comes in showing long term harm. Remember, you are telling the story of your life after your accident. Photograph your progression. One can show:
- Rehabilitation
- Daily Exercises
- Family and Friend events without the victim
- How other help where the victim cannot
- Daily Limitation
- How live has changed
Preserving the story will make the successful story end all that more impact. Make your photograph and video a weekly routine.
Mistake #5 – Failing to Photograph What Seems Unimportant
Being an accident victim does not require seeing the future. One cannot foretell all the issues which will become important.
What will you be accused of?
- Comparative fault?
- Faking your injury?
- Exaggerating the impact of your injury on your daily life?
- Falsifying how others must now help you?
Murphy’s Law states if it can happen; then it will happen. While this may be a bit paranoid, since photos and video are free and quick; incorporate a little positive paranoia into your evidence collection. Make a habit of photographing whatever events, routines, progresses, regression, and harm. You can always delete them later on it they prove useless. Photographing what seems important, however, can save you!
These Accident Photo Mistakes directly bear on case success and value.
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Matt Hamilton
