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Preserving and Protecting Evidence in a Car Accident Case
In the event that the insurance company contests responsibility, there may be a significant gap between their claim and your full damages. This is particularly true when the insurance company blames the cause of your crash on some other factor than your negligence.
During this time your team will request for information from the opposing side through interrogatories and depositions. These questions will be asked of witnesses, the driver who was not involved and more.
Preserving Evidence
The evidence you've collected after a car accident may increase your chances to win settlement or receive damages. It is crucial to keep and secure any evidence you might have after a car accident.
Thanks to the advancements in technology, this is easier than ever. You can use your smartphone to capture high-quality photos and videos of the scene. These tools can help you capture evidence that might otherwise be lost or destroyed.
The crash site itself and witnesses are among the most crucial evidence. You should try to capture the scene of the accident immediately following the collision. This could include all the vehicles involved in the collision, any skid marks left on the road, weather conditions, traffic signals, and other relevant factors.
Furthermore, you should think about making contact with any companies or businesses that are near the accident area to request they preserve any evidence that might be relevant to your car accident case. If you were struck by a vehicle and demanded that its black box be preserved it could be useful in your claim.
You may also find it beneficial to request the test for the drug of the other driver if you suspect that they were intoxicated or taking drugs. These tests could prove that they were drunk or distracted while driving, which would be a solid proof of their responsibility for the cause of the accident.
Documenting your injuries
Documentation is vital in personal injury cases. This not only ensures that your healthcare provider is aware of your symptoms but it will also help your attorney prove your losses and damages in a lawsuit against the party responsible for negligence.
Medical records are among the most essential types of documents. Ask for copies of your medical records whenever you visit your doctor to receive treatment following an accident. These records are used to explain your injuries, symptoms, and diagnoses. Additionally, these documents be able to document any costs incurred as a result of your accident. This is important since many of these expenses are reimbursed as part of your compensation claim.
It's also recommended to keep a journal of your mental and physical condition following the incident. auto accident attorney sunnyvale should include the kind of pain you experience and the location it occurs and the length of time it lasts. It is also important to document any mental trauma you may be suffering from, as juries often award non-economic damage for this type of injury.
If you're able to you are able, it would be helpful to take pictures of your injuries and the scene of the crash. You can take photographs of the car you are driving, other vehicles involved in the crash and any other damages to objects (such an object, a building, or a sign). It is recommended to take several photographs of each object from different angles and distances to ensure that investigators can clearly see the accident's root cause.
Collecting Witness Statements
The ideal scenario is for witness statements to be taken as soon as possible after an accident. Keep in mind that memories fade over time. It is recommended to have witnesses provide their statements as soon as possible. The more detailed a statement, the better. It is also recommended to record any interview with witnesses (with their consent of course), as this will help ensure that the witness's statement is correct.
You should also seek out witnesses who aren't located in the immediate vicinity of the accident. You might ask local business owners if anyone witnessed your accident. This could result in footage of your crash on a store's security camera that may be useful in your case.
You should also make sure that any statements made by witnesses do not include thoughts, feelings, or guesses regarding the outcome of the incident or sympathy towards you or the other victims. These statements could be damaging to your credibility, particularly when they're contradicted or disputed by another witness. Avoid asking anyone who is familiar with the person who caused your injuries, or who works for their employer to testify. They may attempt to influence your claim on behalf of the company they represent. You might not receive the compensation you need If this is the case.
Contacting an attorney
Think about whether a lawyer is able to conduct an exhaustive investigation into your accident. This could involve visiting the site of the crash, talking to witnesses, and gathering documentation regarding the accident and your injuries.
After your attorney has reviewed all the evidence they can gather, they will begin the process of negotiating a settlement with the insurance company representing the driver at fault. This process is designed to ensure that you get an equitable settlement without having to go through an appeal. Your attorney might have to talk with the insurance company a number of times before a settlement is reached.
The severity of your injuries will play a significant role in the amount of compensation you receive. Severe injuries often lead to greater medical expenses and long-lasting effects that require more intense treatment. Some victims of car accidents could need surgery to correct long-term injury damage. These costs will be incorporated into your economic damages.
Your attorney will also take into consideration the future medical requirements of you and the diminished quality of life resulting from your injuries. For example, if you are permanently injured in a crash that results in the necessity of re-designing your home so you can access all areas and also the cost of doing this could be included in your non-economic damages.
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