If you were injured in a car accident, you want to hold the negligent driver responsible for compensating you for your losses. Unfortunately, this is not always easy. It often involves much more than just making a claim with his insurance company. You must prove your right to compensation: both that the driver was liable and that you are entitled to damages. How do you do this? Here we discuss the evidence you could need to prove your case.
Evidence That Can Help You Obtain the Compensation You Deserve
The bottom line is that you can never have enough evidence. You want to collect as much as possible to build your case while focusing on the areas of dispute with the insurance adjuster. You could need the following types of evidence to help establish that the other driver was at fault in causing your crash and your damages:
- Photographs. Pictures are a powerful tool in proving how the accident occurred in a concrete way. Having pictures of the point of impact, the damage to the vehicles, weather and road conditions, and skid marks can all paint a vivid picture of what happened. In addition, taking pictures of your injuries can help prove the link between the accident and your injuries and be dramatic evidence at trial.
- Police report. While the police report would not be admissible in court for technical reasons, it can be very persuasive in convincing the insurance adjuster as to the other driver’s liability. It can also lead to other important information, like contact information for witnesses who saw the accident. Finally, the police officer can testify as to his observations at the scene of the crash, his investigation, and any citations he issued—all persuasive testimony to a jury.
- Event data recorder. This is also known as the black box, and some passenger vehicles are equipped with them. They can provide valuable information, such as the vehicle’s speed, braking, and steering right before the crash.
- Clothing. You want to save the clothes you were wearing at the time of the accident. Torn or bloodied clothing can be dramatic evidence to show to the jury if your case goes to trial.
- Eyewitness statements. Witness statements about how the accident occurred can help substantiate the other driver’s negligence—even more so if the witnesses were not involved in the accident and are neutral third parties.
- Accident reconstruction expert. If the cause of the accident is in dispute or it was complicated, like in a multi-vehicle crash, you may need an accident reconstruction expert to review the accident scene and evidence to determine how the accident occurred. This could help persuade the insurance adjuster to settle your claim or explain the sequence of events to a jury.
- Medical expert. You will need a medical expert who can provide a report and give an opinion on your injuries, the treatments you needed and will need in the future, and your prognosis. A medical expert and report are crucial to proving the extent of your damages and the amount of compensation you could be entitled to.
- Other experts. Depending on the issues of dispute in your case, you could need a mental health professional, physical therapist, vocational expert, or economic expert to provide valuable reports and testimony that could help prove how much compensation you should receive.
- Medical bills. You want to save all your medical bills for your medical expenses to show the cost of your treatment. Do not forget to save receipts for medications, assistive tools, transportation costs if you must travel to see a doctor, and assistive services you could need at home.
- Pay stubs and tax returns. You will need to provide pay stubs and your income tax returns to establish the amount of your lost wages. You could also need a statement from your employer to prove other financial losses—such as the loss of promotions, commissions and bonuses, sick and vacation time, and other benefits of employment.
- Vehicle damage receipts. You want to save receipts for the cost of repairing your vehicle, for towing it, and for renting a vehicle while yours was in the shop. If any valuable property such as your cell phone, tablet, or computer, was damaged, you want to include the cost of replacing or repairing them as well.
- Insurance policies. You will need a copy of your insurance policy as well as the other driver’s policy to determine what insurance coverage is available to compensate you once you reach a settlement.
How Can You Ever Collect All of This Information?
If you are like many accident victims, you could feel overwhelmed at the thought of collecting all of this information. The good news is that you do not have to do it alone. I can help you determine the crucial evidence you’ll need and help you obtain it as part of my investigation of your claim. Review our testimonials to see how we have assisted people like you and then call our office at (404) 998-5252 to schedule a free, no-obligation consultation.
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