How to Gather Evidence for Your Accident Case
An accident reconstruction specialist can maximize the value of your claim by analyzing the forces that were involved in the accident. They can also provide information into your injuries and the amount of damage you've suffered.
You'll need proof of your injuries including medical expenses and other out-of-pocket costs. It is best to begin collecting the evidence as soon as possible at the site of the accident.
Get Assistance
If you are in a car accident receiving immediate medical attention should be your first priority. However, if you are healthy enough to receive medical attention it is crucial to collect the most information you can at the scene of the accident.
Use your phone camera or video feature to take photos of the vehicles involved, damage marks, skid marks and everything else that could aid your case later on. Also, ask anyone present at the scene to provide their contact information and an account of what they saw. However, be careful not to divulge any personal information about your insurance coverage or the limits of your policy.
Also, search for cameras in the area that may have recorded the incident including red lights or security cameras. Find out who controls those cameras, so you can request copies of the footage later on.
Documentation of your expenses is another important step. In certain instances, you can receive compensation for the money you spent on things like a rental car while your vehicle was being repaired or a ride to and to work while you recovering from an injury. You may also seek compensation for wages lost in the past and in the future, if your injuries limit or prevent your earnings in the future.
Make sure you keep your records of any medical expenses that are related to the collision. If your injuries result in a permanent disability, it might be possible to claim damages to pay for future costs for care. This could include home modifications as well as assistive equipment that allows you to live at home or work. You may also be eligible to claim compensation for other financial losses, like the cost for a caregiver or replacement for household services when your injuries stop you from completing these tasks on your own.
Gathering Evidence
The first step in any case of accident is gathering as much evidence as possible. The rules for presenting evidence in a courtroom can differ from state to state however, there are certain kinds of evidence that will be useful in most accidents.
Witness Testimony
Eyewitness testimony is vital when it comes to
accidents. It provides a true report of the accident which helps determine the fault. Witnesses could be from a variety of sources, like pedestrians in the vicinity or drivers of vehicles in the vicinity as well as friends or family members. They might also have a phone to hand that can be used to record their account or simply write a report.
Photographic Evidence
The most obvious form of photographic evidence are photos taken of the accident scene. The evidence could include a road that has been slick broken glasses, skid marks on the road, and damage to the vehicles involved in the accident. This can include environmental factors like construction sites and traffic signals which could have caused the crash.
Police Reports
The police reports generated after any type of motor vehicle crash are crucial to a lawsuit filed against a car accident. These reports can contain the officer's assessment of the person who was responsible for the incident, as well any traffic violations that were committed by the driver. It is recommended to obtain an original copy as soon as you can, or at a minimum, while the report is being completed. This will give you the opportunity to check the accuracy of the data.
Witness Contact Information
It is always recommended to gather as much information as you can from any witnesses that might have seen the accident. Make sure you have their names and contact information so that your lawyer can ask them to give a statement regarding what they saw during the accident and the immediate aftermath.
Medical Records
Keep records of your medical appointments if injured in an accident. These records will help you record the injuries you've suffered and aid your legal team in calculating how much compensation you deserve for the damages.
Documenting your injuries
If you're able to do this without putting at risk your health, it is important that you take pictures and videos of the accident scene. You can draw an accurate image of the scene using your smartphone or camera connected to your vehicle. The photos should contain any visible injuries and damages from the accident. It is important to note any skid marks, road conditions and other details that may help in creating a more precise picture of the incident.
Even if you believe your injuries are minor You should seek medical care as soon following the incident as is possible. Many injuries, particularly soft tissue neck and back problems may take a few days or even weeks to manifest. The sooner you see an expert doctor, the more solid evidence you will have to prove that your injuries and losses are directly related to the accident.
You should also keep track of the medical costs and treatment. You should save receipts for prescriptions and equipment as well as for travel expenses to and from medical appointments. These are all expenses you may be eligible to claim compensation for. Keep a journal or diary about your injury, including the symptoms you are experiencing. This will allow you keep track of your everyday pain.
The police should be provided with an accurate description of what transpired at the scene will be important, but it's an excellent idea to note down the names and contact numbers for witnesses, too. The witnesses may be in a position to provide additional information which will assist the police with their investigation, and also in the event that you need to make an insurance claim or personal injury lawsuit in the future.
It is also recommended to obtain an insurance company of the party that was at fault. This report can be helpful in determining who is responsible for the
accident attorneys and its related damages, like property damage, medical bills, lost wages and other expenses that are able to be compensated.
Discussions with the Insurance Company
If you're dealing directly with a large insurance company following an accident, it is recommended to consult an experienced attorney. These professionals can deal with insurance adjusters on your behalf, and frequently negotiate settlements that are significantly higher.
Your lawyer will request financial records from your employer, bank accounts and investments to show how the accident impacted your earnings. They will also request medical records from your doctors to back up your claim for compensation. You might be required to appear for an interview or take a deposition about the accident in order to obtain an official record. Then, they will go through all evidence and consult with experts to determine the value of your non-economic damages.
After gathering all the required details after assembling all the relevant information, they draft a formal letter of demand that is to be sent to the insurance company that is at the fault. The document will explain the facts, explain the legal reasoning behind why their insured is responsible under NY law and demand compensation. Insurance companies typically respond with a low-ball counteroffer. Your attorney will assist you in deciding whether to accept, reject, or return to discussions with the counteroffer.
Negotiating with an insurance company can be difficult because what you say may harm your case. Don't admit to fault or swear to not sue.