InjuryThe strength of a claim depends largely on what you can prove, and proof is easiest to gather early, while memories are fresh, bruises are visible and surveillance video still exists. This checklist walks through what to collect and how to keep it organized. It is general information, not a substitute for advice from an attorney who knows the rules of your state.
💡 Evidence supports every number in a valuation. After you gather it, see how the pieces combine in how settlements are calculated.
First, Your Health
Get medical care. Your wellbeing comes first, and a prompt evaluation also creates a record linking your symptoms to the event. Describe every symptom, even ones that seem minor, because some injuries appear later. Follow the treatment plan and attend follow-up visits. Gaps in treatment are among the first things an insurer questions.
In the First 48 Hours
- Photograph the scene from several distances and angles, including the hazard, nearby signage, lighting, floor surface or terrain, and anything that shows conditions at the time.
- Photograph your injuries and continue every few days as they change, with a ruler or coin for scale if practical and the date visible.
- Get contact details for witnesses and the names of any employees, officers or property managers involved.
- Report the incident to the property owner, manager, animal control or police as appropriate, and ask for a copy or reference number of any report.
- Keep what you wore or used. Shoes, clothing, a damaged phone or a broken product can be important physical evidence. Do not wash, repair or discard them.
- Write down what happened while it is fresh: time, location, weather, what you were doing, what you saw and what was said.
Ask Early for Video and Records
Stores, buildings, transit systems and doorbell cameras often overwrite footage on a schedule. Ask in writing, as soon as possible, that the property owner preserve any video and incident reports. An attorney can send a formal preservation request if the matter is more serious. Do the same for 911 recordings, maintenance logs and inspection records, which may be requested through a lawyer or a public records process for government property.
Medical Documentation
- Request your complete records and imaging from each provider, not just summaries.
- Collect itemized bills and, if you have health insurance, the explanation of benefits for each charge.
- Save prescriptions, receipts, physical therapy notes and mileage to appointments.
- Ask your doctor to describe any permanent limits, work restrictions and expected future care in the chart.
- Keep a list of every provider and the dates you were seen.
Proof of Lost Income
Gather recent pay stubs, a letter from your employer stating missed days and pay rate, and tax records. Self-employed people should keep invoices, bank records and a record of canceled work. If your injury limits the type of work you can do in future, ask your doctor and, where relevant, a vocational professional how to document that.
Digital Evidence and Communications
Phones hold more evidence than most people realize. Back up photos and videos, keep the original files rather than screenshots when you can, and save texts, emails and app messages about the incident or your recovery, including messages with the property owner or an insurer. Fitness tracker or health app data may later show how your activity changed, so do not delete it. If you are asked to preserve an account or device, follow the request and ask an attorney before deleting anything, because deleting data can be treated as destroying evidence.
A Daily Impact Journal
Pain and disruption are hard to remember accurately months later. A short daily note helps: pain level, medications, sleep, activities you could not do, help you needed and emotional effects. Keep it factual and consistent. Here is a hypothetical entry showing the style.
"Tuesday: Woke twice from shoulder pain. Could not lift my coffee pot with my right arm. Missed a work shift. Used ice twice. Asked a neighbor to carry groceries. Felt frustrated and anxious about the next appointment."
Communicating With Insurers
- Give your own insurer the notice your policy requires, but be cautious about what you say to the other side's adjuster.
- You are generally not required to give a recorded statement to the other party's insurer. Consider speaking with an attorney first.
- Keep a log of every call: date, name, summary. Follow up in writing.
- Never sign a medical release that is broader than needed, and do not sign a settlement release without legal review. See our guide to first offers.
Claim-Specific Add-Ons
Slip and fall
Note the exact spot, any warning signs or lack of them, your footwear, and whether employees acknowledged the hazard. See the slip and fall guide.
Dog bite
Get the owner's name and address, the dog's description, vaccination and licensing information, and any animal control report. Photograph wounds through healing. See the dog bite guide.
Medical negligence
Request the full chart including notes, orders, test results and imaging, and write a timeline of visits and what was said. See the malpractice guide.
Organizing What You Collect
Create one folder, physical or digital, with sections for incident, medical, bills, income, communications, photos and your journal. Back it up. Label photos with date and location, and keep originals. Organized files shorten consultations with an attorney and make demands easier to support.
Mistakes That Hurt Claims
- Waiting weeks to see a doctor, or stopping treatment without telling the provider why.
- Posting about activities, travel or the incident on social media.
- Giving a broad statement before you know the extent of your injuries.
- Losing or repairing physical evidence.
- Missing a deadline. Check the statute of limitations table and any notice requirement for government property.
Frequently Asked Questions
What is the most important piece of evidence in a personal injury claim?
There is no single item, but consistent medical records that connect your injury to the incident are usually central, along with proof of what happened, such as photos, reports and witness details.
Should I post about my injury on social media?
It is safest to avoid it. Posts, photos and check-ins can be read out of context and may be used by an insurer to dispute the extent of your injury. Keep accounts private and avoid discussing the incident online.
How long should I keep my records?
Keep everything until the claim is fully resolved, and ask your attorney or tax professional how long to hold documents after that. Digital backups are worthwhile.
What if the scene has already changed or the video is gone?
Document what you can now, request any footage in writing as soon as possible, and note who controlled the location. Some recordings are overwritten quickly, so speed matters. An attorney can send a formal preservation letter.
Can I get my own medical records?
In general, patients have a legal right to request copies of their medical records from providers, though procedures and fees vary. Ask each provider how to submit a request, and keep a log of when you made it.
With your records organized, see how the main factors fit together.
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