Proper Documentation of an Accident: Why It Is Critical

Early and accurate documentation of an accident is one of the most significant factors in the success of a tort claim. Without evidence, even a justified case may fail. A personal injury attorney at the Lev-Taieb firm will guide you on how to act.

Why Contemporary Documentation: What the Court Sees

Courts examine evidence, not verbal claims. The Torts Ordinance places the burden of proof on the plaintiff: they must show that the defendant caused the damage. Without evidence, even a clear-cut case may be dismissed. The other side, whether an insurance company, business owner, or employer, will do everything to undermine your version. Evidence gathered at the time is hard to refute.

Moreover, evidence disappears. Injuries heal. Witnesses forget. Security cameras are erased after 30 days, sometimes after a week. Every passing day can harm your case.

Why Attorneys Send Evidence Preservation Letters Immediately

One of the first steps an experienced attorney takes is sending an official letter to the responsible party, the insurance company, the property owner, and sometimes to authorities, demanding that all evidence related to the incident be preserved.

What happens without this letter: security camera footage is erased automatically. A business owner whose customer was injured will quickly repair the defect. Internal documents become “lost.” Insurance companies consult their own lawyers and begin building a defense before the injured party even considers filing a claim.

The letter creates legal obligations. If the side that received an evidence preservation letter destroys material afterward, the court may draw adverse inferences. Under the Civil Procedure Regulations 5779-2018, there is a broad duty of document disclosure, and the court is inclined to enforce evidence preservation.

Professional Photography of the Accident Scene: What and How

Most people photograph the injury. That is important, but not sufficient. The scene itself, the hazard that caused the accident, is usually the critical evidence.

Angles: photograph from several heights and distances. A wide-angle image showing the entire environment, an intermediate image showing the connection between the hazard and the surroundings, and a close-up of the hazard itself. For a fall due to a wet floor: photograph the puddle, the store entrance, and the absence of a warning sign.

Lighting: if the injury occurred due to poor lighting, photograph the location in the same lighting conditions as when the event occurred, not after someone turns on additional lights. Even if you need to return later, photograph at the same time of day.

Do not forget to photograph: missing warning signs, signs that exist but are not visible, step markings that are unclear, broken railings, open covers, damage. Even if the injury hurts, now is the time to photograph before someone makes repairs.

File saving: make sure the photos include a time stamp. Upload to cloud immediately, keep in at least two locations.

Witnesses: How to Approach Them Correctly

Witnesses are gold. But there is a proper way to approach them.

Immediately at the scene: collect names and phone numbers. Ask them to write down in their own handwriting what they saw, their name and signature. Even two handwritten lines are worth more than a verbal statement a year later.

What to ask: what exactly they saw, what condition the floor was in, what condition the hazard was in, how long they had been there as far as they knew. Do not ask leading questions. “Did you see that the floor was wet?” is less good than “What did you see?”

What not to reveal: do not tell the witness your full version. Do not try to cause them to confirm a particular interpretation. A witness who was led to a version they did not see for themselves is a witness who can harm the case.

Testimony before an attorney: testimony gathered and presented in an organized manner through an attorney serves as accepted and significant evidence. The Evidence Ordinance [New Version] recognizes written statements as admissible evidence.

Complete Medical Documentation: The Basis for Every Claim

Medical documentation is often the central evidence in a case. It is important to know how to influence its quality, within the bounds of truth.

Emergency room versus health fund clinic: from a legal perspective, an emergency room visit on the day of the incident is the strongest. The record is computer-generated, timestamped precisely, and often includes internal photographs. A health fund physician visit a week later is still in order, but less convincing.

What to request from the doctor: document all complaints, not just the primary pain. If your back hurts, your neck hurts, you have a mild headache, say all of it. An initial partial record can later be used to argue that the additional injuries did not occur in the accident. Ask that “injured person reports” be written, not “according to his account” — the distinction is that his version should rise on one level with the accident.

Right to review medical records: under Section 18 of the Patient Rights Act 5756-1996, you have the right to receive a full copy of your entire medical record. Request the records from the first day, and verify that they are complete and not redacted.

Pain Diary: Why to Write It and How

A pain diary is a document you write to yourself every day, describing your life in the shadow of the injury. Israeli courts recognize pain diaries as apparent evidence of non-monetary damage.

How often per day: at least once, preferably at the end of the day. On difficult days, also in the morning.

What to write: date. Pain level on a scale of 1-10. Which daily activities failed: could not put on socks alone, could not hold a cup, could not sleep more than three hours. Did you take painkillers, which ones. Did you miss work. Did you cancel a social event. Did your spouse help you with something you did alone before the accident.

A specific example for a record: “16.4.2026. Lower back pain 8/10. In the morning could not bend to put on shoes, wife helped me. Did not go to work. Took 2 ibuprofen tablets in the afternoon. At night slept less than 3 hours due to pain.”

Keep the diary in digital form with backup. Print a copy and keep a physical copy as well.

What Happens When There Is No Documentation: How to Cope

It is not always possible to document at the time. Panic, pain, hospitalization. If you did not document, there are still things to do.

An experienced attorney can send an evidence preservation letter even a week after the event, and sometimes materials that have not been erased still exist. You can turn to authorities and request an investigation file. You can search for witnesses in a digital archive through security camera footage that was preserved. You can build a case around medical documentation even without scene photographs.

The risk: the more time passes without documentation, the greater the uncertainty. The other side uses this time to build a defense. This does not mean there is no case, but it means the case is harder to build.

Errors That Sink Claims

Over the years, again and again, people arrive with cases damaged due to those very errors.

Fixing the damage before documenting: a property owner who repaired what happened to a customer who fell before photographing, a worker who changed torn clothes before documenting, a woman who helped someone else before she photographed the floor on which she fell. After the hazard has been repaired, it is very hard to prove it existed.

Statements to the insurance company: a conversation with an insurance representative sounds friendly, but it is generally recorded. “Yes, I felt fine,” “maybe I fell because I was not careful,” “it did not seem serious to me” — any such statement can become evidence against you. Do not speak with insurance representatives without prior legal advice.

Social media posting: a photo where you appear and are smiling, three weeks after an accident in which you claimed it harmed your mobility, is evidence that the other side will happily collect. When a case is open, social networks are a minefield.

Differences Between Accident Types: What Changes in Documentation

Road Accident

There is a legal obligation to report to the police on accidents with injured persons. A police report is primary evidence. Additionally: photograph the vehicles involved before they are moved, the road signs, the vehicle damage from several angles. Collect vehicle details and the driver’s license of the other side. Note that Israeli vehicle insurance companies try at times to present the injured party as partially at fault.

Workplace Accident

There is an obligation to report to the employer officially and in writing, not just verbally. Filling out a workplace accident report with the employer is also part of the documentation. Keep a copy. Submit a claim to the National Insurance Institute immediately, even if unsure about the severity of the injury. Medical documentation from a clinic visit on the day of the injury is critical.

Business Accident

Important to report to the business owner in person, and to request that they record the report. Some businesses maintain incident logs, and a name entry creates official documentation. Photograph the hazard before someone repairs it. If there is a security camera, indicate that you are requesting the footage be preserved.

Common Questions

I was scared and did not photograph at the time. Is the claim lost?

Not necessarily. There are still things that can be done. An attorney can send an evidence preservation letter, search for witnesses in an archive, check whether security camera footage exists that was not erased, and build a case around medical documentation. The sooner you contact us, the greater the chance of finding materials that remain.

Are accident photos from a phone accepted as evidence?

Yes. Smartphone photos are accepted as evidence in Israeli courts. It is important they include a time and location stamp (GPS is embedded in the file). Do not edit the photos, keep the original files.

How do you obtain security camera footage from a business?

By means of an evidence preservation demand letter from an attorney. If the business erases the footage after receiving the demand, the matter can be held against it in court as a liability. If the business refuses voluntarily, you can apply to the court with a request for disclosure.

Is it worthwhile to photograph the other side?

Identification details, yes. Photography without consent in a private environment may be problematic. In a public area, photograph the vehicle, the license plates, the driver’s license of someone you cannot pass. Avoid verbal altercations while photographing.

How long do I have before security camera footage disappears?

A few hours for security cameras of small shops, up to a week for part of the systems, 30 days on average for large businesses. Act immediately.

Is a pain diary I wrote after the fact effective?

Less than a diary written in real time, but still effective. It is possible to reconstruct from records what happened, and to support this with medical records, notification conversations, correspondence with family members. Feelings documented in real time on social networks, even in status updates and WhatsApp messages, can serve as documentation.

For free consultation, contact the personal injury attorney at the Lev-Taieb firm. Phone: 072-2428822.