The time after an auto accident is a stressful and confusing one, which leads many victims to forget about important parts of their cases. The stronger the evidence surrounding an accident claim, the easier it is for victims to protect their rights and get settlements that cover their losses. Here, we will look at the evidence needed to prove an accident claim and how an attorney will use it to a client’s advantage.
When Fault is in Dispute
After an auto accident, the insurance companies will determine who is responsible. Fault is a crucial consideration, as it largely determines fines, penalties, and damages. While proving fault is easy in some cases, it doesn’t always work that way. To prove a claim, victims must prove that the other driver behaved negligently, that the conduct caused the crash, and that they suffered losses as a result. In some instances, multiple parties are held liable.
On-Scene Evidence
Right after a crash, it’s common to feel confused and shocked. With that in mind, much of the evidence in an auto accident is left at the scene—so it’s important to act promptly if you need to hire an attorney. If possible, the victim should gather:
• Accident scene photographs, which show how the crash happened and who was responsible
• Witness testimony, as witnesses can provide unbiased descriptions of the event
• Driver info, including their name, contact information, and license information
• A copy of the police report, including the badge number and name of the responding officer
• Proof of injury. It’s crucial for victims to seek medical care, regardless of how minor the accident was. Not all injuries are readily apparent, and prompt diagnosis can save lives.
• Medical records. From the first emergency room visit to follow-up appointments, medical records (including prescription receipts) can document the nature and severity of a victim’s injuries.
In most accident cases, vehicle damage accounts for a significant portion of the recovery. Therefore, victims should keep records of the money they’ve spent on vehicle repairs, maintenance, and upgrades. For instance, if the car was totaled after the crash, the victim may request its value as compensation.
Decisive Action is Necessary When Filing an Auto Accident Claim
It doesn’t matter how persuasive an injury claim is; if it’s not filed within the state’s statute of limitations, the court will disallow it. Missing the deadline may leave an accident victim with substantial lost wages and medical bills that they won’t be able to gain compensation for.
In most jurisdictions, the statute of limitations for auto accidents is two years from the event date. Additionally, crucial evidence disappears with time, which makes it extremely important for claimants to act quickly when documenting the severity of their losses. Contact our firm right away to learn about your legal options and get the help needed to litigate a claim successfully.
Talk to an Experience Auto Accident Attorney Today
If you have been injured or lost a family member in an auto accident that was due to someone else’s negligent behavior, our firm’s accident attorneys can help identify, gather, and preserve evidence that supports the case’s facts. We have the resources and experience needed to help clients get the settlements they deserve. Request additional information online or call today to schedule a no-obligation consultation.
