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Preserving and Protecting Evidence in a Car Accident Case
If liability is not clear, there could be a huge gap between the insurance company's offer and the totality of your injuries. This is particularly true when your insurance company argues that something other than negligence as the reason for the accident.
During this time the team will be asking for information from the other side via interrogatories and depositions. The questions will be addressed to the other driver, as witnesses.
Preserving Evidence
The evidence you've collected in a car accident could increase your chances of winning settlement or receive damages. It is important to preserve and safeguard any evidence you might have following an accident.
Thanks to the advancements in technology, this is now easier than ever. Smartphones can be used to capture high-quality photos and videos of the scene of your crash. These tools can assist you to gather important evidence that might otherwise be lost or destroyed.
The most critical pieces of evidence include the actual crash site as well as any witnesses. It is important to record the scene of the accident immediately following the collision. This could comprise all vehicles involved in the crash, any skid marks on the road, traffic signals, weather conditions and other important factors.
You should also consider contacting local businesses to ask them to preserve any evidence relevant to your case. For example, if you were hit by a truck and you want to request that the black box in the truck be preserved could prove beneficial to your case.
You may also find it beneficial to request a test for the drug of the other driver if you suspect they were reckless or on drugs. These tests could prove that they were drunk or distracted when driving, which would be a solid proof that they were at fault for the accident.
Documenting Your Injury
Documentation is vital in personal injury cases. This will not only ensure that your healthcare provider is aware of the symptoms however, it can assist your attorney in proving your losses and damages in a lawsuit against the liable party for negligence.
Medical records are among the most essential types of documentation. When you visit your doctor for treatment after an accident, ask to be given copies of every document. These records are official documentation of your injuries, symptoms and diagnoses. These records will also document the costs you incurred due to the accident. auto accident lawsuit pleasanton is important because a large portion of these expenses are reimbursable as part of your compensation claim.
It is also a good idea to keep a log of your physical and mental condition following the incident. It should include the type of pain you feel as well as the location where it occurs and the length of time it lasts. It is also essential to record any mental trauma you may be suffering from, as juries will often make a decision to award non-economic damages for this kind of incident.
It is also beneficial to take photographs of your injuries, as well as the accident scene If you are able to. These could include images of your vehicle, any other vehicles involved in the crash, and any damage that may have been done to other objects (such as an object or a sign). It is recommended that you take multiple photos of each object from different angles and distances so that investigators can clearly identify the accident's reason for the accident.
Collecting witness statements
Ideally, witness testimony should be obtained as soon as possible following an accident. Keep in mind that people's memories fade as time passes. It is best to have witnesses provide their statements as quickly as they can. The more detail you can provide, the better. It's also recommended that any interview with a witness be recorded (with their permission of course) since this will assist in ensuring a precise description of what they saw.
It's also worthwhile to search for witnesses outside the immediate area of your crash. You could ask local business owners if anyone witnessed your accident. This could result in the footage of your incident being recorded on a security camera in a store.
It's also important that any statements made by prospective witnesses do not contain guesses or opinions regarding the result of your accident, or sympathy for the other victims involved in the collision. These statements can be damaging to your credibility, particularly when they're contradicted by a witness. Do not ask anyone who knows the person who caused your injuries, or who works for their employer, to provide evidence. They could try and influence your claim for the company they represent. If this is the case, you may not be able to get the compensation you need.
Contacting an attorney
Check if an attorney has the resources to conduct an exhaustive investigation into your accident. This could include visiting the crash site, interviewing witnesses and gathering other evidence about the accident and your injuries.
Once your attorney has reviewed all the documentation they can collect, they will start an agreement negotiation process with the insurance company representing the driver at fault. The aim of this process is to secure a fair settlement without the necessity of a trial. Your lawyer may need to talk with the insurance company multiple times before an agreement is reached.
The severity of your injuries will play a crucial influence on the amount of compensation you receive. The most severe injuries can lead to higher medical bills and more lasting effects, requiring more intensive care. Some victims of car accidents could require surgery to repair long-term injury damage. These expenses would be reflected in your total economic damages.
Your lawyer will also take into account your future medical needs as well as the decreased quality of life that is a result of your injuries. If you've been permanently injured in an accident that required you to modify your home to make it accessible to all areas of it you could include the cost of this in your non-economic losses.
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