Five Auto Accident Claim Lessons From The Professionals
Preserving and Protecting Evidence in a Car Accident Case
In cases where the insurance company contests the responsibility of the driver, there could be a big gap between their claim and the full extent of your damages. This is especially true if the insurance company blames your crash on something other than your own negligence.
During this period, your team will ask for information from the opposing side via interrogatories and depositions. These questions will be asked of witnesses, the driver who was not involved and others.
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In the case of a car crash, the evidence that you have will greatly increase your chances of winning settlement and recovering damages. This is why it's vital that you preserve and protect all evidence after an accident.
Thanks to the advancements in technology, this is now easier than ever. Smartphones can be used to take high-quality photos and videos of the scene. These tools can assist you to gather important evidence that might otherwise be lost or destroyed.
The most important pieces of evidence are the accident site and any witnesses. The ideal is to make an effort to photograph the scene of the accident as it was in the immediate aftermath of the collision. This could comprise all vehicles involved in the crash, skid marks on the roadway, weather conditions, traffic signals and other important factors.
Also, you should think about reaching out to any businesses or organizations close to the accident location to request that they keep any evidence that might be relevant to your car accident case. If you were struck by a vehicle and requested that its black box be preserved this could be beneficial in your claim.
You might also find it beneficial to request a test for the drug of the other driver if you suspect that they were reckless or on drugs. These tests may show that the driver was drunk or distracted which could be a strong indicator of their culpability in the cause of an accident.
Documenting Your Injuries
Documentation is essential in personal injury cases. This will not only guarantee that your healthcare provider is aware about your injuries and symptoms, but will also help your lawyer prove your losses and damage when filing a claim for negligence against the liable person.
One of the most essential forms of documentation is medical records. Ask for copies of all records when you visit your doctor to receive treatment following an accident. These records will serve as official documents detailing your injuries, symptoms, and diagnoses. Additionally, these documents document any expenses incurred in the aftermath of your accident. This is important since many of these expenses could be refunded as part of your compensation claim.
Keep a journal about your physical and emotional state following the incident. This should include the type of pain you experience and where it happens, and the length of time it lasts. It is also essential to record any mental trauma that you may be suffering from, as juries are often able to decide to award damages that are not economic in kind of incident.
If you're able and able, it's also beneficial to take photographs of your injuries and the scene of the crash. You can take photographs of the vehicle you are driving, the other vehicles involved in the collision or any other damage to objects (such the building or sign). It is recommended to capture several photos of each item from different angles and distances to ensure that investigators are able to clearly discern the cause.
Collecting Witness Statements
In an ideal world, witness statements would be collected as quickly as possible after an accident. It is important to keep in mind that people's memories fade over time, so it's best to ask witnesses to provide their statements as soon as is possible. The more details you are able to provide the more details you can provide, the better. It's also recommended that any interview with a witness be recorded (with their permission of course) as this can help to ensure an accurate account of what they saw.
It's also worth searching for witnesses outside the immediate area of your accident. For instance, you could consider asking those working at local businesses if they witnessed your car accident. This could result in footage of your crash appearing on a store's security camera that could be helpful in your case.
It is also important to ensure that any statements made by witnesses do not contain opinions, feelings, or speculations regarding the result of the accident, or sympathy towards the other victims. These statements could undermine your credibility, especially when they're contradicted by other witnesses. It is best to avoid requesting testimony from any person who knows the person who is at blame for your injuries, or works with their employer, since they could attempt to influence your claim in favor of the company they represent. You may not get the compensation you need if this is the case.
Contacting an attorney
Think about whether a lawyer has the resources to conduct a a thorough investigation of your accident. This could mean visiting the crash site, interviewing witnesses and gathering other evidence regarding the incident and your injuries.
Once your attorney has reviewed all the documentation they could collect, they will start negotiations for a settlement with the insurance company representing the driver at fault. The aim of this process is to negotiate an acceptable settlement without the necessity of an appeal. Your attorney can bargain with the insurance company many times before coming to an agreement.
The severity of your injury will have a significant impact on the amount of compensation you receive. Severe injuries can lead to more costly medical bills as well as lasting effects, requiring more intense care. For instance, certain car accident victims might require surgery to fix long-term damages caused by injuries. These expenses will be incorporated into your total economic damage.
Your lawyer will also take into account your future medical needs as well as the reduced quality of life resulting from your injuries. For example, if you are permanently injured in a crash which resulted in the need for a remodel of your home in order to access all areas and also the cost of doing this could be a part of your non-economic damages.