Top 5 Evidence Tips for Your New York Personal Injury Claim
When you’ve been hurt in an accident in New York, the last thing you want is for someone to question whether it really happened—or whether it was really their fault. As a personal injury attorney in Fishkill, I’ve seen how critical the right evidence can be in proving a claim. The truth is, even if you’re clearly injured and someone else is clearly at fault, if we can’t prove it, we may not win the compensation you deserve. That’s why preserving and presenting the right evidence is not just helpful—it’s essential.
New York law puts the burden on the injured party to prove that another party was negligent and that their negligence caused actual harm. Whether your case involves a car crash, a slip and fall, or any other type of injury caused by someone else’s actions, it’s up to us to build a case that stands on facts. Strong evidence helps convince insurance companies to offer a fair settlement. If they don’t, that same evidence becomes our strongest weapon in court. So, let me walk you through the five most important evidence tips I give to my clients every day.
Photograph Everything As Soon As Possible
Photos capture a moment in time, and they can say more than a thousand words when it comes to proving fault. After any accident, take clear photos of the scene, your injuries, property damage, and anything that could have contributed to the event (like a wet floor, broken sidewalk, or missing traffic sign).
In New York, comparative negligence under CPLR § 1411 means that if you’re partly at fault, your compensation may be reduced. Clear photographic evidence can help minimize how much blame is assigned to you. It’s always better to have too many pictures than too few. If you’re physically unable to take photos, ask someone you trust to do it for you.
Get Medical Treatment And Keep Detailed Records
If you don’t seek prompt medical attention, insurance companies—and juries—may assume your injuries weren’t serious. Go to a doctor as soon as possible after the incident and explain every symptom you’re experiencing, even if it seems minor at the time. Some injuries, especially those involving soft tissue or internal trauma, worsen over time.
Be sure to follow your doctor’s instructions and attend all follow-up appointments. Medical records, treatment plans, prescriptions, and test results can prove the extent of your injuries and how they affect your daily life. These records help establish a direct connection between the accident and your injuries, which is required to recover damages under New York law.
Secure Witness Statements Early
Eyewitness testimony can support your version of events and give your claim more weight. If someone saw the accident or helped you afterward, get their name, phone number, and a brief statement while it’s still fresh in their mind. Waiting too long can lead to faded memories or difficulty locating the person later.
In many cases, witness credibility can tip the balance in a disputed claim. A neutral third party who supports your story may be more persuasive than the parties involved. The sooner we get those statements on record, the stronger your claim becomes.
Preserve Physical Evidence
Keep everything. That includes damaged clothing, broken devices, or anything else involved in the incident. These items can often help us reconstruct what happened, especially when paired with expert opinions. In car accident cases, this might also include saving car parts or black box data if available.
Don’t repair or throw away anything until we’ve had a chance to review it. Even skid marks, debris, or paint transfer on a vehicle can serve as valuable evidence when trying to establish fault under New York Vehicle and Traffic Law § 388, which can hold vehicle owners vicariously liable for negligence.
Document Your Damages And Life Impact
It’s easy to overlook how much an accident affects your life until you write it down. Keep a daily journal of your pain, limitations, and how the injury affects your routine, work, sleep, or personal relationships. This type of documentation can support claims for pain and suffering, emotional distress, and loss of enjoyment of life.
New York law allows recovery for both economic and non-economic damages. To make the strongest case, we need to show the full extent of how your injury has changed your life. Receipts for out-of-pocket expenses, missed work days, and therapy sessions all help support your claim under New York General Obligations Law § 5-335, which limits insurance companies’ ability to take back your settlement.
Frequently Asked Questions About Evidence In New York Personal Injury Claims
What If I Didn’t Get Photos At The Scene Of The Accident?
Don’t worry—many clients are understandably shaken or injured and can’t take photos right away. While it’s ideal to photograph the scene immediately, we can still collect valuable evidence after the fact. We may use surveillance footage, police reports, accident reconstructions, or revisit the scene ourselves to gather details. The sooner we begin, the better our chances of preserving useful evidence before it disappears.
Can Social Media Posts Be Used Against Me In A Personal Injury Case?
Yes. Insurance companies and defense attorneys often review your social media to find inconsistencies in your claim. A post showing you on vacation or doing physical activities while claiming serious injury can damage your credibility, even if the post doesn’t reflect your true condition. I always advise clients to avoid posting anything after an accident and to adjust privacy settings immediately.
How Important Are Medical Records In Proving My Case?
Medical records are one of the most critical pieces of evidence in any personal injury case. They help prove the cause, extent, and duration of your injuries. Insurance adjusters often use these records to determine how much they’re willing to offer in a settlement. Gaps in treatment or failure to follow medical advice can seriously weaken your case. That’s why I emphasize staying consistent with your care and documenting everything.
Is It Still Possible To File A Claim If I Was Partially At Fault?
Yes. New York follows the rule of pure comparative negligence under CPLR § 1411. This means that even if you were partially at fault, you can still recover compensation. However, your award will be reduced by your percentage of fault. That’s why strong evidence is so important—it helps reduce any claim that you were to blame for your own injuries.
What Should I Do If A Witness Changes Their Statement Later?
Unfortunately, witness memories can fade or be influenced over time. If someone changes their statement, we may be able to challenge the credibility of the new version, especially if we have a written or recorded statement from earlier. That’s why it’s so important to gather statements early and in detail. We also look for additional evidence to back up your version of events, such as photos, videos, or expert analysis.
Contact Our New York Personal Injury Attorneys in Fishkill
At Jonna Spilbor Law, we’ve worked with injured clients across the Hudson Valley, Dutchess County, and Putnam County, and we know how to build strong, evidence-backed cases that insurance companies take seriously. We take our role seriously because we know you deserve to be treated fairly, and that starts with doing the work to prove your case clearly and thoroughly.
If you’ve been injured and need help collecting and protecting the right evidence, call Jonna Spilbor Law. Our team is here to support you from day one, and we’ll fight for the compensation you deserve. Call the office location best for you. To receive a free consultation, contact our Fishkill personal injury lawyers today to receive your free consultation when you call (845) 485-2529. We represent injury victims throughout Dutchess County, Putnam County, and across the Hudson Valley.
