How to Succeed in a Car Accident Lawsuit
Car accidents often result in several losses for victims, including physical damage, medical bills and lost wages. Victims also may have to cope with emotional and psychological damage. To help you get the compensation you deserve, your lawyer will collect evidence for your case, including photos, witness testimonies and medical records. Your attorney will also document any financial losses you suffered, such as lost income and future expenses.
Collecting Evidence
Victims of auto accidents must demonstrate that the at-fault motorist is liable for their damages to prevail in a lawsuit. Evidence can be gathered from many sources, including photographs, skid marks, and witness testimony. The best time to gather evidence is right after a crash, while it’s still fresh in everyone’s minds. If it’s safe, take pictures of the intersection, cars, and any damage. If a law enforcement officer responded to the accident scene, get a copy of their police report. These reports contain information that can help prove your case, including statements from witnesses and observations made by the responding officer. An experienced Tampa car accident attorney can also use evidence gathered from medical records, documentation of lost income, and expert testimony to demonstrate your damages. It allows you to negotiate a fair settlement. If the insurance company declines to settle, your attorney may file a lawsuit.
Gathering Witness Testimony
Witness statements can strengthen your injury claim and prove that the other driver is liable for the crash. Witnesses can describe what they saw and heard at the incident. At the same time, expert witnesses can make a huge difference by presenting an unbiased opinion about the accident. Eyewitness testimony can also reinforce your claims for damages by describing how the injuries have affected your life, such as loss of work opportunities or physical limitations. It would help if you canvassed where the accident occurred and asked passersby or people who stopped to allow for a statement about what they witnessed. The more independent and consistent a witness’s account is, the better. However, a witness’s credibility can be undermined if they change their story or seem to have personal biases toward one of the drivers in the case. Witnesses who have a connection to the accident, such as friends or relatives of the drivers, may be particularly biased.
Gathering Medical Records
In car accident cases, proving fault can often be a matter of your word against the other drivers. A skilled lawyer can assist you in assembling compelling evidence from a range of sources. Even if you are only slightly injured in a car crash, seek medical treatment. It will keep your injuries from worsening and help your lawyer establish a clear connection between the collision and your subsequent medical costs and losses. Before discussing them with your lawyer, do not sign any checks, releases or waivers presented to you by insurance adjusters, investigators or the at-fault party’s insurance company. These documents may contain release language that removes your legal right to sue. Moreover, these documents may not accurately reflect the extent of your costs and injuries. Your lawyer will protect your rights to a fair settlement based on your expenses and damages.
Gathering Documentation
The right documentation of your injuries and losses is vital to pursue a car accident lawsuit successfully. It includes a copy of your medical records, a complete accounting of your losses and an itemized list of all treatment sessions and costs you have incurred (including mileage for travel to and from your appointments), and proof of any lost wages from when you were away from work. The police report prepared by the officer responding to your accident scene will also be important evidence. It will provide information about the crash, your injuries, and their opinion of the accident. During the discovery process, your lawyer will request documents, information and records from the other parties’ attorneys and insurance companies. These requests are known as interrogatories. This process is where your attorney zeros in on disputed facts and can help you win your case.
