If you’ve been involved in a vehicle accident you didn’t cause, you shouldn’t bear the medical or repair expenses. The law allows you to claim these expenses back from the offending driver in the form of damages.
In car accident cases, it’s only possible to make a successful claim with a solid foundation of evidence supporting the legal argument. Without enough evidence to prove your version in court, it’s highly unlikely that you’ll convince your opposition to settle. Or persuade a jury to grant your claim.
That’s why it’s important to know what evidence the jury will look for and how to gather it. Learn more about collecting the right car accident evidence in this short post.
What You Need to Prove
There’s an array of sub-components one can put together to make up the entirety of their claim. Some, like pain and suffering, are available in law but aren’t necessary to a claim. Others, like fault, are absolutely critical to making a successful case.
You need to prove every subsequent claim you make with the evidence you bring. Luckily, your evidence only needs to prove that your account of events is more likely than your opponent’s.
Which Driver Was At Fault
The percentage of car accidents where there’s no negligence on either side is so vanishingly small that it’s barely worth mentioning. We mention it to highlight that proving the other side’s fault is crucial to your case. Failing this, you may either not succeed in getting a car accident settlement, or you could either give them grounds for a countersuit.
To find fault, one has to prove negligence, which involves proving that the other driver wasn’t in proper care of their vehicle or the task of driving. This can include proving that they were distracted by a phone, daydreaming, sleeping behind the wheel, or other similar factors. It also includes any violations of traffic laws.
It’s important to note that Florida mandates no-fault car insurance. This doesn’t have much to do with the substance of your claim (i.e., who was at fault) but rather the procedure that ties your insurance claim to your legal claim.
Extent of Injuries and Related Expenses
If you suffered car accident injuries, you must list them in your claim or court papers and then be ready to prove them. Each injury has to be described explicitly, with evidence backing up the description. It’s essential to be as specific as possible to make a strong case.
Property Damage and Economic Loss
Similarly, you can claim back for the costs of repairs to your vehicle and even its replacement if the evidence supports such a claim. You can even claim for the loss of income if the accident put you out of work.
Pain and Suffering
You’re also allowed to claim compensation for the pain you went through (physically or emotionally) as well as for any loss in your quality of life. This is highly subjective and is a claim that needs some of the most detailed and specific evidence you can bring.
The Evidence You Need and How to Get It
Most lawsuits have several rounds of evidence gathering. It’s best to bring whatever evidence you have to your first meeting with your attorney. From there, they may instruct you to bring further pieces of evidence to support your claims or disprove what the opposition alleges.
Eyewitness Accounts
Eyewitness accounts can make your case incredibly strong and are very useful in proving negligence. The best way to start gathering this evidence is by taking the names and numbers of everyone at the scene. Don’t discuss the accident with them while getting their information.
When you and your attorney start building your case, give them this list. Your attorney will then be able to interview each one of them to see who can be instrumental in corroborating your version of events. Remember that the more you rely on a witness, the more important it is for your attorney to conduct a detailed interview with them.
Police and other first responders can also be experienced voices in your case. A police report is an invaluable piece of evidence that you cannot do without.
Photos of the Scene and the Property Damage
Photos can prove the extent of your car’s damage and, in some cases, can help your attorney demonstrate that the other driver was at fault. All photographic car accident evidence needs to be as clear as you can get it to be. Include photos of injuries from the accident scene. So that it’s easy to show they were directly caused by the accident.
Documentation for Medical, Property, and Loss of Income Expenses
One of the easiest ways to value a car accident case is regarding medical and other such invoices. In the weeks following your crash, ensure that you request a copy of every invoice from the hospital, mechanic, car dealership, psychologist, and any other service geared towards helping you recover.
To support a claim for pain and suffering, you’ll need a doctor or psychologist to give a report on the level of physical or mental anguish you’ve experienced. These types of reports will include estimates on the length of recovery, type of pain, and quality of life issues, and can even speak to the permanence of certain types of damage. Any substantiation of this nature makes your case much stronger.
If you want to claim loss of income damages, you can prove the loss by producing your standard pay slip and a time card showing the days you missed.
Find Experts in Car Accident Cases
Car accident cases can be unpleasant, but with the right evidence and lawyer, you can at least make a successful claim (or defense). Above all else, you want to prove that the other driver was at fault (or at least more at fault). You can rely on eyewitnesses, police reports, recordings, and photographs to prove this.
If you want to claim damages, you need documentation that links the damage suffered to the vehicle accident, and that puts a value to the damage. You also need an experienced car accident attorney. Find the best car accident attorneys at RHINO Lawyers today.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
