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Preserving and Protecting Evidence in a Car Accident Case
In the event that the insurance company is disputing liability, there could be a significant gap between their offer and your total injuries. This is especially true when the insurance company blames the crash on something other than your fault.
During this time your team will ask information from the other party through depositions and interrogatories. These questions will be put to the other driver, as witnesses as well.
Preserving Evidence
In the case of a car crash the evidence you have could greatly increase your chances of winning an award and recovering damages. This is why it's crucial to keep and secure every piece of evidence following an accident.
It's now easier than ever to accomplish this, thanks to the advancements in technology. Smartphones can be used for taking quality photos and videos of the scene of the crash. These tools can help capture evidence that would otherwise be lost or destroyed.
The most crucial pieces evidence include the actual accident scene and witnesses. It is recommended that you try to capture the accident scene as it was in the immediate aftermath of the collision. This could include all vehicles involved in the accident, any skid marks that are left on the road, traffic signals, weather conditions and other factors.
auto accident lawyer rapid city should also consider contacting local businesses and asking them to save any evidence that could be relevant to your case. For instance, if you were hit by a truck, requesting that the truck's black box be preserved may prove beneficial to your case.
If you believe that the driver in the other car was on drugs or otherwise negligent, asking for their drug tests could be beneficial in your case. These tests could reveal that the driver was intoxicated or distracted and could be a solid proof of their negligence in causing an accident.
Documenting Your Injury
Documentation is vital in personal injury cases. This will not only ensure that your healthcare provider is aware about your injuries, but also help your lawyer demonstrate your damages and losses when making a negligence claim against the person responsible for the injury.
Medical records are one of the most essential types of documents. Ask for copies of all records whenever you visit your doctor to receive treatment following an accident. These records will serve as official documents describing your injuries, symptoms and diagnoses. These records will also document the costs you incurred because of your accident. This is important since many of these costs can be refunded as part of your compensation claim.
It's also recommended to keep a journal of your physical and mental state following the accident. It should include the type of pain you feel and the location it occurs and the length of time it lasts. If you are suffering from mental trauma, it's crucial to document this too, since juries usually decide to award non-economic damages in this kind of pain.
It is also beneficial to take pictures of your injuries and of the scene of the accident, if you can. You can take photos of the vehicle you are driving, other vehicles involved in the crash or any other damages to objects (such the building or sign). It is recommended that you take several photos of each item from different angles and distances, so that investigators can clearly determine the accident's root cause.
Collecting Witness Statements
Ideally, witness testimony should be collected as soon as possible following an accident. It's important to keep in mind that people's memories fade over time, so it's important for witnesses to provide their statements as soon as they can. The more details you can provide the more details you can provide, 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 account is accurate.
It is also worthwhile to look for witnesses outside of the immediate vicinity of the accident. You might ask local business owners if they were there to witness your accident. This could result in footage of your accident being recorded on a security camera at a store.
It's also worth ensuring that any statements made by prospective witnesses don't include guesses of opinions, feelings or thoughts about the outcome of your accident or sympathy for the other victims involved in the collision. These statements can hurt your credibility, especially if they are contradicted by other witnesses. Avoid asking anyone who knows the person who caused your injuries, or who works for their employer to provide evidence. They could 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
Take into consideration whether an attorney is able to conduct a thorough investigation of your accident. This could include investigating the crash scene in person, conducting interviews with witnesses and obtaining other documentation of the incident and your injuries.
After your lawyer has reviewed all the evidence they can collect, they will start negotiations for a settlement with the insurance company for the driver who is at fault. This is to ensure that you receive a fair settlement without having to go through a trial. Your attorney may negotiate with the insurance company multiple times before settling on a settlement.
The severity of your injury will have a major impact on the amount of compensation that you receive. Injuries that are severe can result in more costly medical bills as well as lasting effects, requiring more intense care. Some car accident victims may need surgery to correct the long-term damage to their injuries. These expenses will be a part of your total economic damage.
Your attorney will also consider your future medical needs and the lower quality of life your injuries have caused. If you were permanently injured in an accident that required you to modify your home to allow you access to all of it, you can count the cost of this in your non-economic damages.
