The dictionary defines forensic as “the application of scientific knowledge to legal problems.” In the courtroom, forensic evidence is powerful. Forensic evidence includes pictures, videos, and careful measurements of time and space. Forensic evidence corroborates testimony. It is vitally important because it establishes a factual record that is not easily attacked by insurance defense lawyers.
What kind of forensic evidence do you need to prove her wreck case? Obviously, proof of the other driver’s carelessness. Less obviously, proof of the harms and losses caused by the negligence.
Gathering forensic evidence for harms and losses is sometimes overlooked by lay people and many practicing lawyers. However, the damages element is the most important part of a claim. Forensic evidence of harms and losses documented with a smart phone enhance the probability you will make a full monetary recovery.
The ubiquitous smart phone is your best tool for making a good forensic record. Send the image, audio and video files you make with it to yourself (or your attorney) by email, save them to your computer’s hard drive, and upload them to an Internet file storage service (e.g., Dropbox) as backup.
Here are some examples of how to use a smart phone to create forensic proof.
Take pictures of the vehicle damage.
The insurance company will take pictures of the vehicles. However, the insurance company takes photographs designed to minimize the collision impact. (Insurance defense lawyers like to argue the collision impact did not cause injury.) Therefore, you need your own pictures of the cars to prove the full extent of vehicle damage.
When you’re on the scene, think like a CSI. If a paint smudge on your car helps proves someone hit you, take the picture of the smudge. If the dent location supports your description of the collision, take a picture. Take pictures of the interior. Look for bent steering wheels and star patterns on the glass. Photograph the speedometer and odometer.
If you cannot take pictures at the scene, it is worth a trip to the car storage facility to gather the evidence.