When it comes to car accident cases, the amount of damages awarded to plaintiffs rests on the strength of the evidence that is presented. Having an experienced car accident attorney is crucial when there is a lot at stake.
Courts look for hard evidence in car accident cases, and everything that is presented will be closely scrutinized. To show liability, the plaintiff’s lawyer must do the following:
Without solid evidence, your case will not be strong. The evidence-gathering phase of a car accident case is extremely important and takes time. It must be thorough and cover all unforeseen circumstances, from start to finish.
A car accident lawyer can act as the intermediary and may work to negotiate an acceptable settlement. You should not agree to a settlement without consulting an attorney first because you might be entitled to more compensation than is initially offered.
When a serious car accident is called in to emergency services, law enforcement officers and medical personnel will be sent to the scene. An officer will be responsible for taking notes and interviewing those involved in order to prepare a police report. You will receive a receipt and/or card with the accident identification number since the report takes time to process. It might be possible to get a copy online, or you can call the local law enforcement office that creates the report and provides the copies.
These reports are important because they include license plates, vehicle locations, weather conditions, driver information, and other pertinent details. If the other party was ticketed for a traffic offense at the scene, your lawyer may take note of that. Violations for speeding, texting and driving, and other offenses can point to negligence and liability.
Photos and videos from a car accident scene are beneficial. If you are unable to take any yourself, someone else may be able to do it for you. Even if it does not happen until a day or so later, it makes sense to do some follow-up. Pictures and videos of broken fences, trees, and street signs can be helpful, as can skid marks. You will also want to have evidence of the vehicle damage. If you have photos of your vehicle that were taken before the crash, those could also be helpful. There may also have been a camera that recorded what happened, particularly if it occurred at an intersection. Your attorney can try to obtain copies of the video for the case.
Taking photos of your injuries might be uncomfortable, but this can also be used as evidence. Before and after shots can be valuable, and you can also take photos to document your recovery.
Witness testimony can also strengthen your case, so if you notice anyone who saw what happened, it is best to get their contact information and an initial statement as soon as possible. A witness’s reliability will be questioned by the defendant’s team, so a thorough vetting process is part of the evidence-gathering process.
In many car accident cases, expert witnesses are also used to provide objective information about what happened. It is common for attorneys to work with accident recreation experts, physicians, and other professionals who can provide valuable input.
It is commonplace for medical information to be shared online with patients, but it is still good to have hard copies of medical evaluations, diagnoses, treatment plans, statements, and payments. Do not throw anything out, even if it seems insignificant. Save prescription receipts, fuel receipts if you must travel to medical facilities, and hotel stays – any costs related to your injuries.
If you had any preexisting medical condition at the time of the crash, that will likely be called into question during your case. Try to stay as organized as possible; one of the best ways to do this is with a spreadsheet, and your attorney can also help.
People who are unable to return to work temporarily or permanently due to car accident injuries must often deal with lost wages. When this happens, the employee can request proof from the employer. Missing paychecks and uncompensated time off from work (doctor appointments, for example) create considerable strain.
Every car accident case is different, but when the evidence is solid enough and a case is won, a plaintiff could be compensated for the following damages:
The amount of compensation also depends on state laws. In Georgia, the statute of limitations for filing a personal injury lawsuit is two years after the crash. With wrongful death cases, the two-year time limit begins on the day that the person passes away.
Georgia also follows a fault-based system for car accidents, so the people responsible for causing them can be responsible for the financial losses. In many cases, there is just one driver at fault for an accident.
If you were in a serious car accident, you can benefit from working with one of our skilled Savannah car accident attorneys at Childers & McCain, LLC. Your lawyer will gather all available evidence to strengthen your case. We have the knowledge and experience to help you. To learn more and to schedule a free consultation, complete our online form or call us at 478-254-2007. We are located in Macon, Georgia, and we serve clients in Savannah, Albany, and Atlanta.
Facing the aftermath of a serious accident can be overwhelming. Before you speak with the insurance companies, make sure you schedule a free consultation with the Macon personal injury lawyers at Childers & McCain. We can protect your rights while anticipating the insurance company’s tactics to make sure you get the full compensation you deserve. You don’t have to navigate this tough road alone – let our team of professionals help you move forward.