Anyone who has been in a car accident knows how traumatic it can be. Your car was probably damaged and you may have suffered injuries. Furthermore, it’s likely that you’ve incurred unanticipated expenses. Despite how severe the accident, dealing with insurance companies is often more burdensome than the accident itself.
Your priority is probably recovering from injuries and also seeking compensation for your losses. However, even minor accidents can be laden with complications, setbacks, and conflict. For example, the opposing party may deny liability or or question your damage claims. In that case, your attorney may suggest proceeding to trial. However, if your case does not go to trial, you could still face a tiring negotiation process with the insurance company.
Fortunately, there are steps you can take to improve your odds of winning a car accident case. Some beneficial initiatives for car accident victims include:
- Retaining skilled legal counsel
- Seeking immediate medical attention
- Diligently tracking all expenses related to the accident
- Staying patient while negotiations are taking place
The most crucial element for any car accident case is strong evidence. With more evidence, it will be easier for you to successfully back your claim. Consequently, you have a better chance at winning fair compensation for your damages.
It may seem overwhelming to gather all the evidence for your claim. But don’t worry, our experienced Denver car accident attorneys can help you strategically navigate your claims process. In addition, we can help obtain all necessary evidence.
What Do I Need to Prove to Win a Car Accident Case?
If you want a fair settlement in a car accident case, you’ll need to prove a few things. You need to demonstrate a few key elements.
That the Other Party’s Negligence Caused the Accident
You will need to prove they were at fault, which involves establishing they were negligent. In other words, you need to present factual evidence that the other driver failed to drive with proper due care. For example, if they violated a traffic law or were distracted while driving, that would be considered negligence. You would need to exhibit that the accident would not have otherwise occurred had it not been for their negligence.
The Nature and Severity of Your Injuries
Your compensation rides heavily on the nature and extent of your injuries. Generally speaking, the more serious your injuries, the greater compensation is at stake.
You cannot simply profess that your back hurts and you are experiencing soreness. Instead, you’ll need to provide medical records to support your claim.
What Damages You’ve Suffered
Demonstrating the damages means you need to place a value on them. To seek compensation for your damages, you first need to assess them and determine their value. Some damages for which you can typically seek compensation include:
- Property damage. Any costs you’ve incurred to repair or replace your physical property are calculated under property damage. That can include your vehicle, clothes, accessories, or other personal items that were damaged from the accident.
- Medical costs. Medical expenses including ambulance services, hospital stays, medical procedures, rehab services, or medications are all recoverable expenses. As long as they were related to the accident, you can seek compensation for medical expenses.
- Lost wages. Lost earnings entail any immediate income lost due to your inability to work from accident injuries. You may have had to take time off while recovering from the accident, or suffered permanent or long-term disabilities.Your attorney may ask you for pay stubs and tax records to help determine the value of your lost earnings.
- Pain and suffering. Pain and suffering might be the literal degree of pain you suffer physically. Or it can also refer to the emotional and mental distress from the accident. In addition, if you experienced a reduced quality of life from accident injuries, this can be included with pain and suffering. You will need to have proof showing specific damages that you’ve experienced.
More evidence equates to a more successful chance at receiving adequate compensation for damages.
What Type of Evidence Do I Need to Prove My Car Accident Case?
It’s important to start collecting evidence immediately. That means you should start collecting evidence at the scene of the accident. The process of collecting smoke evidence begins at the scene of the accident and continues until you have fully recovered from your injuries.
Important evidence you need to collect in a car accident case include:
- Evidence of the other party’s negligence. In order to recover for any damages, it’s crucial to prove that the other patty was negligent and therefore caused the accident. To prove negligence, you need:
- Witness testimonies. If there were any witnesses present at the accident scenes their testimony can be invaluable to your case. They can offer a statement to police or testify to what they saw, or how the accident occurred. Credible witness testimony can be tremendously helpful to your claim, especially if there is no other evidence to confirm your version of what happened. For example, a witness may be able to attest to how the other driver acted at the scene and whether or not the police conducted adequate questioning or testing at the scene. Let’s say the other driver was intoxicated while driving. In that case, a witness May be able to offer their observation of whether police performed a blood alcohol test.
- Police reports. You should contact local law enforcement immediately after any accident, regardless of how serious it was. Police will come and help control the scene and take statements from you, the other driver, any passengers, and witnesses. Police records are valuable because they are the first form of documentation of the accident. Witnesses are more likely to have a more accurate recollection of their observation right after the accident. In addition, if they forget or provide inconsistent testimonies, police reports can serve as an objective reference to confirm their stories. You’ll want to obtain a copy of police reports related to the accident.
- Photographs or eye-witness testimony to illustrate the scene of the accident. Let’s say the other driver illegally ran through a stop sign or violated another traffic regulation. If you have pictures of the street sign or traffic signal, that can help provide detail of the conditions of how the accident happened. Pictures that are telling of the accident circumstances will be helpful. For example, if there was inclement weather or objects in the road, take pictures of those details. They can help demonstrate the conditions at the time of the accident. Witnesses can also help by testifying to confirm such conditions.
- Pictures of your vehicle. Any damage to your vehicle should be documented. Be sure to take detailed pictures of your vehicle and the other party’s. These pictures will not only show the extent of property damage you incurred, but can also help explain the nature of the accident.
All of this evidence may be helpful in demonstrating that the accident occurred because of the actions taken by the other driver and that, were it not for their failure to exercise proper care, the accident would not have occurred.
Evidence Relevant to the Nature and Extent of Your Injuries.
Any evidence that can exhibit the nature and extent of your injuries will be vital to establishing your damages. Ultimately this will affect how much compensation you can receive.
- Take pictures of your injuries. Any obvious injuries from the accident like cuts, bruises, lacerations, or broken bones should be photographed. This will be evidence to show the nature of your injuries. Additionally, these photos can disprove the other party’s claim that your injuries were not related to the accident.
- Seek immediate medical attention. Always accept or seek out medical attention immediately after the accident. It will be important to have medical documentation of your injuries. This may include:
- All police reports on file
- Any records from emergency medical responders
- Records of emergency room visit
- X-rays
- Hospital records
- Documentation of treatment plans
- Rehabilitation/Therapy records
If you are unsure about the severity of your injuries, you should still seek immediate medical attention. Doing so will help establish your condition and have necessary records to prove them. Many times victims sustain injuries that reveal themselves hours or days later. Be sure to seek follow up medical care for any delayed symptoms. In addition, be diligent in keeping track of all medical records. That includes records of medical treatment, all doctors visits, follow up visits, ongoing therapy and rehabilitation.
Speak With an Experienced Denver Personal Injury Lawyer Today
If you’ve suffered injuries from an accident caused by another party’s negligence, Our Denver car accident lawyers can help. We understand that accidents can have a tremendous impact on your life. Therefore, our legal team will work hard to get you the compensation you deserve.
Contact us now for a free consultation or call 720-500-HURT.
