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Preserving and Protecting Evidence in a Car Accident Case
In cases where the liability of the party is in dispute, there could be a large gap between the insurance company's offer and the extent of your injuries. This is particularly true when the insurance company blames the crash on something other than your own negligence.
During this period your team will ask information from the other party through depositions and interrogatories. These questions will be asked of the other driver, witnesses and more.
Preservation of Evidence
The evidence you've collected in a car accident can increase your chances to win a settlement or recover damages. This is why it's important to keep and safeguard every piece of evidence following a crash.
Thanks to modern technology, this is more simple than ever. You can use your smartphone to take high-quality photos and videos of the scene of the accident. Utilizing these tools can help capture important evidence that may otherwise be lost or destroyed.
The most critical pieces of evidence are the accident site and any witnesses. The ideal is to take a photo of the scene of the accident in the exact condition it was at following the collision. This includes all vehicles involved in a collision, any skidmarks on the road, weather conditions or traffic signs, and other relevant factors.
Also, you should think about contact with any business or company close to the accident area to request they keep any evidence relevant to your case. For auto accident attorney palatine , if you were struck by a vehicle, requesting that the black box of the truck be preserved may prove beneficial to your case.
If you believe that the driver who caused the accident was under the influence or negligent, asking their drug tests could be beneficial in your case. The tests could prove that the driver was intoxicated or distracted and could be a strong indication of their negligence for causing an accident.
Documenting your injuries
Documentation is essential in personal injury cases. This will not only ensure that your healthcare provider is aware of the symptoms but it will also help your attorney prove your damages and losses when filing a claim against the responsible party for negligence.
Medical records are among the most important kinds of documents. Whenever you visit your doctor for treatment after an accident, request to be provided with copies of each document. These records will help explain your injuries, symptoms, and diagnoses. Additionally, these documents detail any expenses that you have incurred in the aftermath of your accident. This is important since many of these expenses could be reimbursed as part your compensation claim.
It's also an excellent idea to keep a journal of your mental and physical condition following the accident. This should include any pain you experience as well as the parts of your body are affected and the exact time that pain occurs. Also, if experiencing any mental trauma, it's essential to document it as well, as juries frequently give non-economic damages to victims of this kind of pain.
It is also advisable to take photographs of your injuries and of the scene of the accident, when you are able. This could include pictures of your vehicle, any other vehicles involved in the crash and any damage that could have occurred to other objects (such as an object or a sign). It is best to capture multiple images of each object from various angles to allow the investigators to determine the exact cause of the crash.
Collecting Witness Statements
In the ideal scenario, witnesses' statements should be obtained in the shortest time possible following an accident. Keep in mind that people's memories fade over time. It is recommended to get witnesses to give their statements as quickly as possible. The more details you can provide, the better. It is also recommended that an interview with a witness is recorded (with their permission of course) since this will assist in ensuring a precise report of what they witnessed.
You should also search for witnesses who aren't 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 being recorded on the security camera of a store that could be helpful in your case.
It's also worth ensuring that any statements from potential witnesses do not contain guesses, opinions or feelings about the outcome of your accident or sympathy for you or other victims of the collision. These statements could be detrimental to your credibility, particularly if they're contradicted by another witness. It is recommended to not request statements from anyone who knows the person who is at responsible for your injuries or works with their employer, since they may attempt to influence your claim in favor of the company they represent. If this is the case, you may not be able get the compensation you need.
Contacting an attorney
Think about whether a lawyer has the resources to conduct an extensive investigation into your accident. This could include visiting the site of the crash, speaking with witnesses and gathering other documentation regarding the incident and your injuries.
Once your attorney has reviewed all the documentation they can gather, they will begin negotiations for a settlement with the insurance company of the at-fault driver. The goal of this is to secure a fair settlement without the need for an appeal. Your attorney could talk to the insurance company many times before reaching an agreement.
The severity of your injury will have a major impact on the amount of compensation that you receive. The most severe injuries can result in greater medical expenses and long-lasting effects that require more extensive treatment. Some car accident victims may require surgery to correct long-term injuries. These expenses would be reflected in your total economic damages.
Your attorney will also take into account your future medical needs as well as the diminished quality of life that your injuries have caused. If you were permanently injured in an accident that forced you to remodel your house in order to be able to access all areas of it you can count the cost of this in your non-economic damage.
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