After a car accident, you will need to build your case. A personal injury lawsuit in Alabama or an insurance claim will require you to gather as much information and evidence as you possibly can following a car accident.
The more documentation and records you have to support your claim for the damages, the better the chances are that you can get a settlement and a ruling in your favor.
Evidence and the Burden of Proof
The burden of proof is the responsibility of the injured party or with the person who is seeking compensation. After a car accident, the person who is seeking damages must prove that the other driver caused the accident or was at fault. The injured person, or plaintiff, must prove to the insurance companies the other driver was responsible for the accident.
You will have to substantiate all of your claims to meet the burden of proof. You will need evidence supporting your version of what happened leading up to the car accident. Your claims for physical injury and damages will also be necessary. You may have even lost wages as a result of the accident. There are different types of evidence such as documents of medical bills and records, statements from witnesses or testimony. Photographs are also considered evidence.
The Scene of the Accident
Even a minor car accident in Mobile, Alabama may cause you to be disoriented. After the accident, check on your passengers and the other drivers and their passengers. If there are injuries, call an ambulance. Always call the police and get an accident report even in a minor accident. A police report at the accident scene is crucial in deciding which driver is lawfully at fault.
After A Car Accident
After the car accident, gather all the relevant information and evidence at the scene. Also get the names, addresses, license plate numbers and driver’s license numbers from all the drivers involved in the accident. Be sure to get the insurance information. If any of the drivers were driving for their employer, you will need the company’s name and the contact details. Obtain the names and contact information of the witnesses of the accident. Inquire if anyone has photographs of the accident and if, so ask for copies.
If you have a cell phone or a camera, take photos of the scene, including the condition of the other vehicles. If there are any traffic signals or skid marks you should make photos for evidence. If there are any statements made by the other drivers involved or from the witnesses you should take notes on what is said.
Evidence of Damages
In the majority of car accident cases, the significant part of the recovery or compensation is for damage to your vehicle. Get all the documents and records relating to vehicle repairs and car rentals. If any repairs or improvements were made to your vehicle shortly before the accident occurred to be sure to have those records and receipts.
You may be able to increase the insured value of your vehicle if you can prove that you recently had work done on the engine or if you had recently purchased tires for your vehicle, especially if your car was considered totaled in the accident.
If there are physical injuries, gathering medical evidence is likely the most important part. After a car accident, it is crucial that the injured person get medical treatment quickly and tell the health care provider that you were just in a car accident.
Keep records and the information that relates to doctor appointments, including the treatment, received, whom you saw and if you had to pay for the visit.
After the medical treatment is completed and the doctor has released you, ask for a copy of all the medical records and any diagnostic tests or images. Also, gather all the medical bills or receipts from each one of the health care providers. Also, compile all the information that is related to lost income.
Additional Evidence In A Car Accident
You can also obtain evidence through a deposition, which is a testimony given out-of-court, under oath, and is commonly recorded and transcribed by a court reporter. Depositions will often lead to evidence that is important in your case.
Taking the time to gather as much information as possible after a car accident will be worth the effort. The more material, facts, and documentation you have, the more convincing your case will be, and it will raise the likelihood that you will receive a better resolution to your case.
If you have recently been involved in a car accident, you might need a car accident attorney in Mobile to protect yourself from any potential future claims from the other driver. Call the personal injury attorneys at Clay, Massey & Associates at 251-433-1000 for a FREE consultation, or click the Live Chat link on our website 24/7!