Last updated · By Mustafa Bilgic
At the scene or as soon as safely possible
- Call emergency services when required and prioritize medical safety.
- Record the date, exact time, location, weather, lighting and surface condition.
- Photograph the wide scene, approaches, traffic controls, hazards, vehicles or equipment, debris and close damage.
- Capture visible injuries over time without delaying care.
- Exchange identity, vehicle, employer and insurance information as applicable.
- Ask independent witnesses for full contact details and a short factual account.
- Identify cameras: dashcam, doorbell, storefront, transit, jobsite or security.
- Report the event to police, a property manager or employer and obtain the report number.
- Do not argue fault, speculate, sign a release or post the incident online.
NHTSA's crash-research program describes the value of scene evidence, vehicle damage, police reports, medical records and interviews in reconstructing how a collision occurred. A claimant does not need to conduct a technical reconstruction, but should preserve the raw material before it changes.
Within the first days
- Follow medical advice. Make sure every affected body part and symptom is reported accurately, including symptoms that emerge later.
- Request reports. Get the police or incident record, exchange sheet and available photographs or recordings.
- Send preservation requests. Video and electronic logs can overwrite quickly; identify a precise time window and material.
- Notify insurers. Record claim numbers and ask for applicable notice, proof-of-loss and cooperation requirements.
- Secure physical evidence. Preserve a defective product, torn footwear, damaged helmet or machine without repairing or discarding it.
- Start a claim log. Record every call, letter, upload, appointment, missed workday and expense.
- Calendar deadlines. Include statutes of limitation, government notices, policy duties and benefit applications.
Medical and causation evidence
| Evidence | What it proves | Quality check |
|---|---|---|
| Emergency and first-visit records | Early symptoms, findings and timing. | Correct factual errors promptly; do not ask a provider to change an honest opinion. |
| Treatment records and imaging | Diagnosis, course, objective findings and response. | Include relevant reports, not only bills. |
| Prognosis / restrictions | Expected recovery, future care and functional limits. | Use a current opinion after the course is sufficiently clear. |
| Prior relevant records | Baseline and whether the event aggravated a condition. | Address history accurately; see the pre-existing-condition guide. |
| Itemized bills and EOBs | Services, amounts billed, paid and outstanding. | Reconcile duplicates, adjustments and payer claims. |
Medical evidence should connect diagnosis, causation and prognosis. A bill shows a charge; it does not by itself prove that treatment was caused by the event. Read the full medical evidence guide and, where relevant, the pre-existing condition guide.
Economic-loss evidence
- Employee wages: employer verification, pay stubs, attendance, tax records and written medical restrictions.
- Self-employment: tax returns, invoices, contracts, bank records, calendars, replacement labor and a defensible trend comparison.
- Medical expenses: itemized bills, EOBs, receipts, balances and payment-source ledger.
- Travel and parking: dated mileage/receipts tied to appointments where recoverable.
- Household help: task, date, time, provider, payment and why the injury made help necessary.
- Property: estimates, invoices, photographs, valuation comparables and loss-of-use records.
- Future loss: medical recommendation, cost projection, vocational evidence and calculation assumptions.
Use the lost wages calculator to organize income loss, but keep every input traceable to a record.
Evidence of pain, limitations and normal-life loss
Non-economic damages are proved through details consistent with the medical course. Keep a brief, factual journal only as often as something meaningful occurs. Record sleep interruption, medication effects, mobility, personal care, household tasks, work limits, family responsibilities and activities attempted or missed. Date each entry.
A useful entry says, “July 22: drove 15 minutes to therapy; needed a break halfway home; spouse carried groceries.” A less useful entry repeats “pain 10/10” every day without context. Photographs of mobility aids or healing can help, but preserve dignity and privacy.
Suggested claim-file index
| Folder | Contents | Filename example |
|---|---|---|
| 01 Liability | Reports, photos, video, witnesses, contracts. | 2026-07-16_scene_northbound_original.jpg |
| 02 Medical | Records, imaging, restrictions, prognosis. | 2026-07-18_orthopedic_visit.pdf |
| 03 Bills and liens | Itemized bills, EOBs, payment and lien ledgers. | 2026-08-01_hospital_itemized_bill.pdf |
| 04 Income | Pay, attendance, employer letters, tax records. | 2026-Q3_wage_loss_schedule.xlsx |
| 05 Expenses | Receipts, travel, care and property loss. | 2026-07-25_pharmacy_receipt.pdf |
| 06 Insurance | Policies, declarations, claim letters, releases. | 2026-07-17_carrier_claim_ack.pdf |
| 07 Correspondence | Letters, email exports and negotiation log. | 2026-10-10_demand_delivery_receipt.pdf |
Keep a one-page master index with document date, source, description and filename. Back up the file securely. Do not rename an original in a way that destroys its source history; record the source in the index.
Before making or accepting a settlement offer
- Confirm liability evidence and address any comparative-fault allegation.
- Make sure treatment and prognosis are stable enough to value.
- Reconcile bills, EOBs, paid amounts and medical liens.
- Update wage loss and future-care calculations.
- Prepare an exhibit index and concise settlement demand.
- Check every limitation, notice and response deadline.
- Read the release for parties, claims, confidentiality, indemnity and unknown damages.
- Calculate the net result after fees, costs, repayment claims and any taxable component.
Frequently asked questions
What evidence do I need?
Build evidence for liability, causation and damages: incident records, photos or video, witnesses, medical records and bills, prognosis evidence, wage proof, receipts, insurance documents, correspondence and a dated account of functional effects.
How should I organize it?
Keep originals unchanged, create backed-up working copies, use dated descriptive filenames, maintain a one-page index and claim log, and group material into liability, medical, income, expenses, insurance and correspondence folders.
How do I prove pain and suffering?
Use consistent medical records plus specific evidence of duration, treatment, sleep, mobility, work, household, family and activity effects. A contemporaneous factual journal is more persuasive than a dramatic retrospective summary.
Should I give the insurer all medical records?
Provide relevant records and material prior history, but review broad authorizations carefully. Scope, privacy and discovery obligations vary; significant or disputed claims deserve legal advice.
Authoritative sources
- NHTSA: Crash Investigation Sampling System evidence overview
- California Department of Insurance: Post-accident claim guide
- OSHA: Worker Rights and Protections for workplace evidence and reporting context