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Why Timely Contact with a Personal Injury Attorney Matters: Preserving Evidence in Florida

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Why Timely Contact with a Personal Injury Attorney Matters: Preserving Evidence in Florida

Brubaker Injury Law

April 1, 2024

The Crucial Window of Opportunity

When you’re involved in an accident—whether it’s a car collision, slip and fall, or any other incident—the moments immediately afterward are crucial. Waiting too long to seek legal representation can have significant consequences, especially when it comes to preserving evidence.

Preservation of Evidence Letters

Florida law recognizes the importance of preserving evidence. Under Florida Statutes, personal injury attorneys have a powerful tool at their disposal: the preservation of evidence letter. Here’s how it works:

  • Prompt Action: As soon as you engage our firm, we send letters to the at-fault parties, their insurance carriers, and even nearby businesses that might have relevant evidence. These letters serve as formal requests to preserve any evidence related to the accident.
  • What Evidence Is Preserved?: The preservation of evidence letters cover a wide range of materials, including:
    • Surveillance Footage: Businesses near the accident scene often have security cameras. These cameras may have captured the incident, the conditions, and the actions of those involved.
    • Vehicle Black Box Data: In motor vehicle accidents, modern cars are equipped with event data recorders (EDRs) or “black boxes.” These devices store critical information about vehicle speed, braking, and other factors leading up to the crash.
    • Witness Statements: Statements from witnesses can be crucial. However, memories fade, and people move away. Timely preservation ensures that these statements are available when needed.
    • Physical Evidence: This includes damaged vehicles, road debris, and any other tangible items related to the accident.

The Risk of Delay

Waiting too long to contact an attorney can result in evidence being lost or destroyed. Here’s why:

  • Business Record Retention Policies: Many businesses routinely delete surveillance footage after a certain period. If you delay, critical video evidence may no longer exist.
  • Vehicle Repairs and Salvage: Damaged vehicles are often repaired or sent to salvage yards. Once repaired or scrapped, they may no longer be available for inspection.
  • Fading Memories: Witnesses’ memories fade over time. Their recollections become less reliable, and some may even forget crucial details.

Your Legal Rights Depend on Evidence

Remember that your legal rights hinge on the evidence available. Without proper documentation and preserved evidence, proving fault, liability, and damages becomes significantly more challenging.

Conclusion

In the aftermath of an accident, don’t wait. Reach out to a personal injury attorney promptly. Their ability to send preservation of evidence letters ensures that critical information remains intact. By acting swiftly, you protect your rights and increase your chances of a successful claim.

Remember, time is of the essence—contact an attorney today to safeguard your case and secure the evidence needed for a fair resolution.

At Brubaker Injury Law, we are committed to ensuring that evidence is timely preserved. If you or a loved one has been injured due to negligence, contact us today to discuss your options and protect your rights.

Call (800) 817-9301 or visit our website to schedule a free case evaluation.

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