Preserving Evidence After a Charleston Injury: What to Do in the First 72 Hours
The strongest South Carolina injury cases are built on evidence captured early. Here is what to preserve in the first three days.
Most injury cases are won or lost in the first 72 hours, before the lawyers ever get involved. South Carolina recognizes a duty to preserve evidence — and a corresponding doctrine of spoliation when a party destroys it — but waiting on the other side to preserve proof is a losing strategy. Here is what an injured Charleston resident should do as quickly as possible.
Photograph Everything
Vehicles, the scene, skid marks, debris, traffic controls, weather conditions, the inside of any business where you fell, the spilled substance, your visible injuries, the shoes you were wearing, and the clothes you had on. Take more pictures than you think you need. Modern smartphones embed time and GPS data that becomes valuable later.
Get Names and Contact Information
Witnesses move, change phone numbers, and forget. Get names, phone numbers, and email addresses for every independent witness on the scene before they leave. A short voice memo describing what each witness told you, recorded immediately, is excellent corroboration.
Send Preservation Letters Early
Surveillance footage from a Mount Pleasant grocery store is typically overwritten in 7 to 30 days. Trucking company electronic logs, dashcam files, and cell phone records can be deleted on routine retention schedules. A preservation letter from an attorney puts the other side on notice that destruction of relevant evidence will be treated as spoliation.
Get Medical Care and Document the Injuries
The first medical visit creates the foundation of the injury record. Gaps in treatment are weaponized by insurance carriers as evidence the injuries weren't serious. A consistent treatment record from the day of the incident forward is essential.
Don't Give a Recorded Statement Without Counsel
The other driver's insurance carrier will call within days asking for a recorded statement. South Carolina law does not require you to give one. Recorded statements are mined for inconsistencies that defense counsel uses at trial. Talk to an attorney before sitting for one.
Spoliation as a Sword
South Carolina courts recognize that destruction of evidence by a party that should have preserved it can support an adverse inference instruction at trial — telling the jury they may infer the destroyed evidence would have been unfavorable to the destroying party. That sword cuts both ways. Preserve everything.
How Traywick Law Helps
Our office regularly represents clients across Charleston, Mount Pleasant, and the Lowcountry on issues like these. Learn more about our Charleston personal injury practice, or visit the main Traywick Legal Blog for additional case analysis.
Talk to a Charleston Attorney
If you have questions about how this issue affects your situation in Charleston, Mount Pleasant, or anywhere in the Lowcountry, contact Traywick Law Offices for a free consultation. Call (843) 343-5092.
Disclaimer: This article is provided for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different — please consult an attorney about your specific situation.
Questions About Your Legal Rights?
David Traywick offers free consultations for personal injury and consumer law matters in Charleston, SC.