Injury evidence checklist: what to keep after you get hurt

Why the first days matter

Whether an injury came from a crash, a fall, a dog bite or something else, the evidence that tends to matter most is collected early. Scenes get cleaned up, cameras record over themselves, witnesses move on, and bruises fade.

That does not mean you need to build a legal case while you are hurt. It means a little organization now can save a lot of trouble later. Many people start with one folder, paper or digital, and drop everything into it as it comes in. Sorting can wait.

The lists below are general. Not every item applies to every injury, and an attorney may ask for things not listed here. If you have a claim, see Deadlines and time limits early, because some notice periods are short.

From the scene

If you are able, or if someone with you can help, capture:

• Photos and video of where it happened, from wide shots to close-ups.
• The specific hazard: a wet floor, a broken step, a missing rail, a pothole, damaged vehicles.
• Lighting, weather and any warning signs, or the lack of them.
• Names and phone numbers of witnesses.
• The name of any manager, property owner or employee you spoke with.
• Any incident report number, police report number, or claim number.
• Clothing and shoes you were wearing. Keep them unwashed in a bag if they were damaged or stained.

If you were not able to collect this at the time, going back soon to photograph the location can still help, as long as you note the date the photos were taken.

Medical records and bills

Get checked by a medical professional, and tell them how the injury happened. Medical records are usually the core of any injury claim, and they are most useful when they start soon after the event and continue without long gaps.

Keep:

• Emergency, urgent care, doctor and specialist visit summaries.
• Imaging, test results and referrals.
• Prescriptions and pharmacy receipts.
• Physical therapy and follow-up appointments, including ones you had to cancel and why.
• Every bill and every insurance explanation of benefits.
• Receipts for medical supplies, such as braces, crutches or bandages.

You can request copies of your own medical records from each provider. It often takes time, so some people request them as they go rather than all at the end.

Photos over time and a daily journal

One photo of an injury shows a moment. A series shows what you went through. Many people photograph visible injuries every few days, in similar light, until they heal, along with stitches, casts, scars and medical devices.

A short daily journal can be just as valuable. A few lines a day is enough:

• Pain level and where it hurts.
• Sleep, and whether pain woke you.
• Things you could not do or needed help with: work tasks, childcare, driving, exercise, chores.
• Appointments and how you felt afterward.

Write it plainly and honestly. Months later, when someone asks how the injury affected your life, notes written at the time are far more convincing than memory. Keep the journal private unless an attorney asks for it.

Costs, lost work and communications

Injuries often cost more than medical bills. Keep records of:

• Time missed from work, with pay stubs from before and after, and a note from your employer if possible.
• Paid leave or vacation time you had to use.
• Mileage and parking for medical visits.
• Help you had to pay for, such as childcare, cleaning or rides.
• Repair or replacement of damaged property, such as a phone, glasses or a vehicle.

Also keep every letter, email and text with insurers, property owners and the other party, and write down the date, name and summary of each phone call. Be careful what you post on social media about the injury or your activities; insurers often look. See Talking to an insurance adjuster.

Keeping it organized

A pile of receipts is better than nothing, but a few simple habits make your records much easier to use, for you and for anyone helping you:

• Name files with dates. Starting each file name with the date, such as year, month and day, keeps everything in order automatically.
• Keep originals. Do not edit or crop photos or recordings. If you need a marked-up version, make a copy.
• Keep a simple timeline. One page listing the date of the injury, each medical visit, each call with an insurer, and each letter sent or received.
• Back up. Keep a second copy somewhere safe in case a phone or laptop is lost.

A common mistake is throwing away a bill because insurance paid it. Keep it anyway. The full amount charged can still matter later. See Keeping your recordings safe for more on protecting files.

Video that may disappear, and when to talk to a lawyer

Security cameras, dashcams and doorbell cameras often record over themselves within days or weeks. If an injury happened in a store, parking lot or other business, many people send a short written request asking the business to preserve the footage from a specific date, time and place. Police video can be requested separately; see How to request bodycam footage.

A lawyer is often worth talking to when:

• The injury needed more than a single visit or is still being treated.
• You missed significant work.
• Fault is disputed, or a business, employer or government agency is involved.
• An insurer is asking for a recorded statement or offering a quick settlement.

Bring your folder. An organized file makes a first consultation far more productive.