How to Gather Evidence for Your Accident Case

An accident reconstruction specialist can help maximize the value of your claim by analyzing the forces involved in the crash. They can also provide insight into your injuries and quantify the damage you have sustained.

You'll need proof of your injuries including medical expenses as well as other expenses that are out of pocket. It is recommended to begin collecting this evidence as soon as you can at the scene of the accident.

Get Help

In the event of a car crash, you should always prioritize seeking medical attention right away. If you're able to collect as much information from the scene of the accident as you are able.

Use your phone camera or video camera to take photos of the cars involved, damage, skid marks and anything else that may help your case later on. Also, ask anyone at the scene for their contact information and an account of what they saw. Be sure not to share any personal information regarding your insurance coverage and policy limits.

Also, check for cameras in the area that may have captured the incident including red lights or security cameras. Try to find out who runs the cameras, so that you can request copies of the footage later.

Documenting the expenses you incur is a vital step. In some cases, you can recover compensation for the money you've spent on expenses like a car rental while your vehicle is being repaired or the cost of a ride to and from work while you are recovering from injuries. You can also seek compensation for lost wages in the past and in the future if your injuries hinder or limit your earnings in the future.

Keep the track of all medical expenses related to the accident. If your injuries cause an ongoing disability, it may be possible to seek damages to cover future care costs. This could include home modifications as well as assistive equipment that lets you continue to live at the home or at work. You may also be able to claim compensation for any additional financial losses like the costs of a caregiving professional or household replacement services if your injuries render it difficult for you to take on these duties yourself.

Gathering Evidence

The first step in any accident case is to gather the most evidence that is available. State-by-state, the requirements for presenting proof in a courtroom can differ. However, certain kinds of evidence are helpful in almost all accidents.

Witness Testimony

Eyewitness testimony is essential in accident cases. It provides a recollection of the facts of the incident which will help determine the source of the fault. There are numerous witnesses, including pedestrians, drivers of cars in the vicinity or even family members or friends. They may have a smartphone with them that can be used to record their account or they might choose to simply write down the details.

Photographic Evidence

Photographs of the scene are the most evident photographic evidence. The evidence can include a road that has been slick, broken glasses, and damage to the vehicles involved in the accident. It can also include environmental factors, such as traffic signals or construction sites, that might have contributed to the accident.

Police Reports

The police reports generated following any motor vehicle collision are essential for a car accident lawsuit. These reports can contain the officer's assessment of who is at fault for the accident, as in any traffic violations that were committed by the driver. You should obtain the report as soon as you can, or at the very minimum as the report is being written. This will give you the opportunity to check the accuracy of the data.

Contact Information for Witnesses

It's a good idea gather as much information as you can from witnesses who might have witnessed the accident. Request their names and contact information so that your attorney can interview them for a statement about what they saw during the accident and the immediate aftermath.

Medical Records

Keep note of all medical appointments if injured in an accident. These records will help you keep track of the injuries you've suffered and will aid your legal team in calculating the amount you're entitled to in damages.

Documenting your injuries

You should capture photos and videos of the scene if you can do so without putting your health at risk. You can draw realistic pictures of the scene using your smartphone or camera that you have attached to your vehicle. The photos should show any visible injuries and damage from the accident. It is crucial to note any skid marks, road conditions and other details that may aid in forming a more precise picture of the incident.

You should seek medical attention as soon as possible after the incident even if your injuries appear to be minor at the time. Many injuries, including soft tissues neck and back injuries, can take days or even weeks to manifest. The sooner you consult a doctor, the more reliable evidence you can use to prove your injury and losses are directly linked to the accident.

In addition, you should keep track of all your medical treatments and expenses. Keep receipts for prescriptions, equipment, and travel expenses to and from medical appointments, as these are all eligible expenses that you may be able recover compensation for. Keep a diary or journal about your injury, mentioning the symptoms that you are experiencing. This will allow you record your everyday pain.

It is crucial to provide the police a complete account of the incident. However it is also recommended to record the names and contact details of witnesses. Witnesses may be more willing to share additional information that will aid the police in their investigation and should you have to submit an insurance claim or personal injury lawsuit in the future.

You should also get a copy from the insurance company of the party that was at fault. This report will help in determining the liability of the incident and related damages, such as property damage, medical bills, lost wages and other expenses that are compensable.

Discussions with the Insurance Company

If you're dealing with a major insurance company following an accident, it's recommended to consult an experienced lawyer. These lawyers can deal with the adjusters of insurance on your behalf and typically negotiate settlements that are significantly higher.

Your lawyer will request financial documents from your employer as well as bank accounts to show the impact of your injury on your earnings. They will also seek medical records from your medical professionals to support your injury claim. You may be required to participate in an interview or take a deposition on the incident to get an official record. They will then go through all the evidence and consult with experts when determining what the non-economic damage you suffered is worth.

After acquiring all the details after obtaining all the relevant information, they will prepare a demand letter to send to the at-fault insurance company. The document will explain details, explain the legal basis for why their insured is accountable under NY law, and request compensation. The insurance company will typically respond with a low counteroffer. Your lawyer will assist you decide if you want to accept the counteroffer, reject it, or go back to negotiations.

You must be careful in negotiations with the insurance company since what you say could damage your case. Do not admit to the fault of the accident or pledge not to sue, since it could be used against you in the future in court. Be careful not to make any statements about your injuries or the cause of the accident in case they are used to reduce your claim.

A seasoned Long Island car accident lawyer can help you handle the insurance company negotiations. They'll be able evaluate the offers made and advise you on what you're entitled in terms of financial compensation and what medical treatments or other expenses you'll require in the future.

The insurance company can be tricky to deal with and many of their strategies are designed to trick you into accepting a lower offer than you deserve. Be firm when negotiating and be aware that any settlement should be in writing. This will prevent an unprofessional adjuster from saying one thing over the phone, only to deny it later.