And Why It Matters in Personal Injury Cases
Preserving Crucial Mobile Evidence Before It’s Gone
In personal injury litigation, the strength of your case can hinge on the smallest pieces of digital evidence—especially the kind stored on a mobile phone. From proving distracted driving to validating the timeline of events, cell phone data can provide compelling support for your client’s claim.
But here’s the critical issue: cell phone data is not permanent, and in many cases, it can vanish faster than you think.
Recently, I posted a poll on LinkedIn asking:
“How long does data remain recoverable on a cell phone?”
The options were:
- It disappears immediately
- Until the 100th entry
- 1 year
- It lasts forever
The answer? All of the above—depending on the type of data, the phone, and how it’s used.
Let’s take a closer look at what this means for your next personal injury case.
1. Some Data Disappears Immediately
Certain categories of data are either never stored or are quickly overwritten—making early action critical.
- Voice call content is typically not recorded by default. Even though there are apps that allow users to record calls, doing so often raises legal concerns depending on state laws around one-party vs. two-party consent.
- On iPhones, the data usage logs that show which apps accessed the internet (and when) are continuously updated. For example, if a user watched a YouTube video before a crash, that access time is logged—but it may be overwritten the next time the YouTube app is used.
This kind of short-lived evidence can be lost forever without timely preservation.
2. Some Data Is Kept Until the 100th Entry
Many phones retain a limited number of recent entries, especially in call logs and system histories.
- For example, iPhones only keep the most recent 100 calls. Any new call pushes the oldest one out of the log.
- If the user makes or receives a high volume of calls (think: teens, sales professionals, or small business owners), that 100-call limit might only reflect a few days of activity.
So, the window to retrieve this evidence can be incredibly short
3. Some Data Lasts About One Year
Other data types are governed by time-based retention policies. For instance:
- iMessage conversations on iPhones can be configured to delete automatically after 30 days, 1 year, or be kept forever.
- Phones with limited storage—especially budget models—often force deletion of older messages (especially those with photos or videos) to conserve space.
In a personal injury case, that “accidental” deletion could mean critical messages tied to liability are gone unless you act quickly.
4. Some Data Can Last Indefinitely
Not all data is fleeting. Certain types are designed to be retained indefinitely, such as:
- Photos, videos, documents, and health or workout data.
- Many users back up their phones to the cloud, which allows data from an old phone to persist on a newer device—even if the original phone is no longer available.
This long-term data can help place someone at the scene, establish condition or activity levels, or support time-stamped evidence related to the incident.
Preservation: The Key to Mobile Evidence
In the best-case scenario, law enforcement collects and preserves the phone at the time of the incident. When that happens, the phone becomes a digital time capsule, safeguarded until criminal proceedings are resolved.
But in most personal injury cases, that doesn’t happen—and valuable evidence starts slipping away the moment the phone is used again.
Your best alternative?
Send a preservation letter immediately, directing the opposing party to cease phone use and preserve all data for forensic examination.
Want a sample cell phone preservation letter you can use today?
Email me at ben@braveinvestigations.com.
Final Thoughts for Injury Attorneys
In personal injury litigation, the clock is ticking on cell phone evidence. Whether it’s proving distraction at the time of a crash or uncovering critical communications, digital evidence must be preserved fast—before it’s overwritten, deleted, or lost in a cloud sync.
By quickly identifying key devices and issuing strong preservation demands, you not only protect your client’s case, but you also put the opposition on notice: if they fail to preserve evidence, you’ll pursue spoliation sanctions.
Need assistance analyzing mobile evidence or drafting a preservation plan?
Contact me at ben@braveinvestigations.com.
Don’t let critical data disappear before your case gets to court.