Top 10 Mistakes That Destroy Agricultural Damage Claims

Whether your crop has been damaged by spray drift, fertilizer contamination, livestock, flooding, fire, chemical residues, or another agricultural event, your claim is only as strong as the evidence supporting it.

One of the most common statements heard during an investigation is:

"You should have seen it last week."

Unfortunately, courts, insurance companies, and opposing experts can only evaluate the evidence that still exists—not what someone remembers seeing.

Here are the Top 10 mistakes that can seriously weaken or even destroy an agricultural damage claim.

1. Waiting Too Long to Start Documenting

Time is your biggest enemy.

Crop symptoms change rapidly. Wind removes evidence. Rain washes away residues. Animals continue grazing. Machinery continues operating. Within days, critical evidence can disappear forever.

The best time to start documenting is immediately.

2. "I'll Get to It Later"

Many people believe they will remember everything.

They won't.

Dates become confused.

Conversations are forgotten.

Weather conditions change.

Field activities continue.

Keep a notebook—or better yet, record notes on your phone while events are fresh.

Document:

• Dates
• Times
• People present
• Conversations
• Equipment observed
• Weather
• Wind direction
• Anything unusual

Even small details can become important months or years later.

3. Taking Too Few Photographs

You can almost never take too many photographs.

Take photographs of:

• Entire fields
• Individual plants
• Close-up symptoms
• Equipment
• Tire tracks
• Weather conditions
• Field entrances
• Chemical containers (when legal)
• Adjacent fields
• Damage progression over time

Digital storage is inexpensive.

Missing photographs are priceless.

4. Taking Poor Quality Pictures

A blurry photo rarely proves anything.

Good evidence photographs should include:

• GPS location
• Date and time
• Direction the camera is facing
• Multiple angles
• Wide-angle overview
• Close-up details
• Something for scale (coin, ruler, notebook, boot, etc.)

Good photographs tell a story.

Poor photographs create questions.

5. Relying on Someone Else's Documentation

Don't assume someone else is documenting the damage.

Neighbours.

Insurance adjusters.

Municipal employees.

Government inspectors.

Chemical companies.

Each has different objectives.

Protect your own interests by creating your own independent documentation.

6. Not Collecting Samples Properly

Many investigations fail because samples were collected incorrectly—or not at all.

Examples include:

• Plant tissue
• Soil
• Water
• Seed
• Feed
• Grain
• Animal specimens

Samples must be:

• Properly labelled
• Kept separate
• Stored correctly
• Maintained with a documented chain of custody
• Sent to accredited laboratories

Improperly collected samples may have little evidentiary value.

7. Cleaning Up Too Soon

Many producers naturally want to fix the problem immediately.

Unfortunately, repairing damage before documentation may eliminate critical evidence.

Whenever practical:

• Photograph first.
• Measure first.
• Sample first.
• Document first.

Then begin repairs.

8. Depending on Memory Instead of Records

A legal case may not begin for months—or even years.

Can you accurately remember:

• Wind speed?
• Wind direction?
• Crop stage?
• Sprayer location?
• Fertilizer rate?
• Seed lot?
• Variety?
• Rainfall?

Written records are always stronger than memory.

9. Trying to Be Your Own Expert Witness

Property owners are excellent witnesses for what they observed.

However, courts often require independent expert opinions.

An experienced forensic agrologist can provide:

• Objective observations
• Scientific methodology
• Proper evidence collection
• GPS documentation
• Drone imagery
• Laboratory coordination
• Independent expert opinions suitable for legal proceedings

The investigator should always follow the evidence—not advocate for one side.

10. Waiting Until a Lawyer Is Involved

Many people only seek professional help after legal action has begun.

By then:

• Crops have matured.
• Fields have been harvested.
• Symptoms have disappeared.
• Samples were never collected.
• Witnesses have forgotten details.

The strongest investigations begin immediately after the incident—not months later.

The Importance of Independent Documentation

Agricultural investigations often involve significant financial losses.

Whether the issue involves:

• Spray drift
• Herbicide residues
• Fertilizer damage
• Crop contamination
• Livestock losses
• Fire damage
• Water contamination
• Environmental impacts

the outcome frequently depends on the quality of the evidence—not the size of the loss.

Independent, scientific documentation provides credibility that memories and assumptions cannot.

Final Thoughts

Evidence is temporary.

Documentation is permanent.

Every day that passes increases the risk that valuable evidence will disappear.

If you believe agricultural damage has occurred:

• Document immediately.
• Take hundreds of photographs.
• Record conversations.
• Preserve samples properly.
• Keep everything confidential.
• Contact a qualified forensic agrologist as early as possible.

The best agricultural claims are built on facts—not memories.

Need an Independent Agricultural Investigation?

If you require confidential, independent agricultural investigation services, Forensic Agrology provides professional documentation, GPS mapping, drone imagery, evidence collection, coordination with accredited laboratories, and expert witness services for agricultural disputes across Saskatchewan and Western Canada.

George A. Lewko, P.Ag.

Certificate in Forensic Agrology

🌐 www.forensicagrology.com

📧 glewkopag@gmail.com

📞 306-961-0001