Legal Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change frequently. For advice specific to your situation, consult a licensed attorney in your area.
Strong evidence is the foundation of any successful legal claim. The United States Courts website provides resources on federal court procedures and evidence requirements. Whether you're writing a demand letter, going to mediation, or preparing for court, having solid documentation can make the difference between winning and losing.
Start Early: Begin gathering evidence immediately after an incident occurs. Memories fade, documents get lost, and witnesses become harder to locate over time.
Types of Evidence
Documentary Evidence
- Contracts and agreements
- Receipts and invoices
- Emails and text messages
- Letters and written communications
- Bank statements and financial records
- Medical records and bills
Physical Evidence
- Damaged property or products
- Defective items
- Clothing or objects from incident
- Original documents (not copies)
Photographic Evidence
- Photos of damage or injuries
- Video recordings
- Screenshots of websites or apps
- Security camera footage
Witness Evidence
- Eyewitness accounts
- Expert testimony
- Character witnesses
- Written statements
Preserving Digital Evidence
Emails and Messages
- Save emails to PDF or print
- Screenshot text messages with timestamps
- Include full email headers
- Don't delete anything relevant
Websites and Online Content
- Screenshot entire pages
- Use web archive tools
- Record URLs and dates
- Save product listings before they change
Social Media
- Screenshot posts with dates visible
- Record profile information
- Save before content is deleted
- Include context (comments, reactions)
Authenticity Matters: Never alter evidence. Editing photos, changing documents, or tampering with evidence can destroy your case and create legal liability.
Documenting Physical Damage
Photography Tips
- Take photos immediately
- Use good lighting
- Capture multiple angles
- Include size reference (ruler, coin)
- Take wide shots and close-ups
- Record date/time in photo metadata
What to Photograph
- Overall scene
- Specific damage or defects
- Labels, serial numbers, model info
- Surrounding area for context
- Injuries as they progress
Gathering Witness Information
At the Scene
- Get names and contact information
- Ask what they observed
- Record brief statements if possible
- Ask if they took photos or video
Written Statements
- Request detailed written account
- Include date, time, location
- What they saw, heard, or know
- Have witness sign and date
Organizing Your Evidence
Create a System
- Use folders (physical or digital)
- Organize chronologically
- Label everything clearly
- Create an evidence log or index
Evidence Log Should Include
- Description of each item
- Date created or obtained
- Source of the evidence
- Location stored
- Relevance to your case
Evidence for Specific Claims
Contract Disputes
- Original signed contract
- All amendments and addenda
- Communications about terms
- Proof of your performance
- Evidence of breach
- Damage calculations
Personal Injury
- Medical records and bills
- Photos of injuries over time
- Accident/incident reports
- Witness statements
- Lost wage documentation
- Pain journal
Property Damage
- Photos before and after damage
- Repair estimates
- Receipts for repairs
- Expert assessments
- Insurance correspondence
Consumer Complaints
- Purchase receipts
- Product advertising/descriptions
- Communications with company
- Photos of defects
- Warranty documentation
Getting Third-Party Records
Records You May Need
- Medical records (from providers)
- Employment records
- Police reports
- Building permits
- Property records
How to Request
- Written request with specific items
- Authorization/release if required
- HIPAA authorization for medical records
- May need to pay copying fees
Maintaining Evidence Integrity
Chain of Custody
- Document who has had the evidence
- Store securely
- Limit access to evidence
- Note any changes in condition
Backup Everything
- Make copies of all documents
- Backup digital evidence
- Store copies in different locations
- Keep originals safe
Don't Destroy Evidence: Once you anticipate litigation, you have a duty to preserve relevant evidence. Destroying it can result in serious penalties.
What Makes Evidence Strong
Credibility Factors
- Original documents better than copies
- Contemporaneous records more credible
- Multiple sources confirming same facts
- Neutral witnesses more persuasive
- Expert opinions for technical matters
Put Your Evidence to Work
Generate a demand letter that presents your evidence effectively.
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