After a car accident, in order to bring forth a personal injury claim against the other driver, you will need to accumulate evidence in order to prove your case.
Evidence is needed to establish fault and damages. There are numerous forms of evidence that you can use to support a car accident case.
Why Do I Need Evidence In A New York Car Accident Case?
Generally, a car accident are decided by assessing the facts of the case with every element of the doctrine of negligence. A Plaintiff must prove who is liable for causing the accident and who is responsible for paying your damages. This evidence will be presented to the insurance companies during settlement talks and to the jury if your case goes to trial.
The plaintiff will also need to prove the extent of the damages. This includes establishing a serious injury through the medical treatment reports, lost wages, and pain and suffering.
However, figuring out which car performed an unsafe lane change will be based on the statements of the drivers and the accounts of witnesses.
Also, Some of the evidence needed also consists of out-of-pocket expenses and showing how the accident has negatively impacted your future earning capacity.
Types Of Evidence That Can Support Your Auto Accident Claim
You can never have too much evidence to support your case. The more evidence you have, the better your chances of getting the settlement or judgment you deserve.
You also have a better opportunity to get a quick but reasonable settlement offer from the at-fault driver’s insurance company if you can prove fault with the evidence you’ve gathered.
The following types of evidence will help your case:
1. Medical Records
In a car accident case, medical records are essential to proving that you have suffered a serious injury warranting significant compensation.
Medical documents like progress notes, examination reports, operative reports, MRI, CT scans, and electrodiagnostic testing results can be meaningful in buttressing your case.
These records can help prove the severity of your injuries and necessary treatment going forward. Furthermore, these can demonstrate your future medical needs and expenses.
2. Photos & Videos of the Accident Scene
Photographs and videos of the scene of the accident, property damage, injuries are important evidence that can be used to prove your case.
Visual evidence of property damage and injuries are important to proving that the other driver is at-fault and your New York car accident claim warrants maximum compensation.
Additionally, juries are typically very responsive to visual evidence such as photographs and videos.
3. Witness Accounts
The account of a witness of the accident may prove crucial. Their account of the accident may be used to establish liability.
It is important to obtain an accurate eyewitnesses, at the earliest possible convenience. Since eyewitness accounts may change as memories fade, get a written and recorded statement as soon as possible.
Your New York car accident lawyer can schedule a deposition, a formal interview and recording of the witness’ testimony. Depositions may be used as admissible evidence in court.
4. Expert Witness Testimony
There are some New York car accident cases which require expert testimony to obtain maximum compensation. Experts may testify about the cause of an accident and the severity the injuries suffered. Often, experts will review medical and financial records and their testimony will help establish economic damages.
5. Police Report
The police report will memorialize essential information into a written report. The police report can be used as evidence. The information within the report can be used to establish an important element of negligence, liability.
The police report will memorialize essential information into a written report. The police report can be used as evidence. The information within the report can be used to establish an important element of negligence, liability.
Additionally, the police report is essential for the purposes of providing a detailed description of what happened in a car accident. It will also include the names, address and contact information of the other driver, passengers and witnesses, which will be helpful in establishing what transpired.
Importantly, the police report will include the insurance coverage information of both drivers.
If the other driver did not have insurance, you are out of luck, just kidding, you still have considerable options to get compensation for your damages.
6. Paystubs and Tax Records
If you were unable to work because of your injuries, you will need evidence about your wage loss damages and used benefits. You may have been forced to use sick leave or PTO (paid time off).
Paystubs and tax returns can prove how much money you have lost due to your inability to work. If those are not available, then bank statements and a letter from your employer may be helpful evidence.
A Car Accident Lawyer Can Help You Gather Evidence
It’s essential to have as much evidence as possible to support your claim. The more information you have, the more money you can get from the insurance company.
A car accident settlement is often available for people with clear evidence of fault and liability. If you must take your case to court, a jury will also need to see your evidence.
Call Koenig Pierre, a New York car accident lawyer, to discuss your case. I am available at 800-956-4616 or use our online form to reach out and schedule a consultation.
Apart from car accidents, Koenig Pierre will also handle personal injury cases that involve slip and fall injuries, medical malpractice, truck accidents, elder abuse, dog bites, construction accidents, bicycle accidents, wrongful death, and other work-related injuries.
Koenig Pierre is committed to serving every client with personalized attention, compassionate customer service, and professionalism. Before you get carried away, call him today!