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Preserving and Protecting Evidence in a Car Accident Case In cases where the insurance company denies responsibility there may be a large gap between their offer and the full extent of your damages auto accident lawsuit south dakota is particularly true when the insurance company is blaming an outside cause other than negligence for the accident During this period your team will ask for information from the opposing side through interrogatories and depositions These questions will be posed to witnesses witnesses the other driver and more Conserving Evidence In a case involving a car accident the evidence you have could greatly increase your chances of winning an award and recovering damages This is why it is crucial to preserve and protect all evidence after an accident With the advancement of technology this is easier than ever before Smartphones can be used to snap quality photos and videos of the scene of the crash These tools can help capture evidence that could otherwise be lost or destroyed The most important pieces of evidence are the accident site and witnesses In the ideal scenario you should attempt to capture the accident scene as it was prior to the collision This could include all vehicles involved in the collision any skid marks on the road and traffic signals weather conditions and other relevant factors It is also advisable to contact local businesses to request to save any evidence that could be relevant to your case If you were struck by a truck and demanded that its black box be preserved it could prove useful to your claim You might also find it useful to request a drug test of the other driver if you suspect they were negligent or on drugs The tests could prove that the driver was drunk or distracted and could be a clear indication of their culpability in creating an accident Documenting your injuries Documentation is essential in personal injury cases This will not only ensure that your doctor is aware about your ailments and symptoms but will also help your lawyer demonstrate your damages and losses in a negligence case against the person who is responsible One of the most essential forms of documentation is medical records Ask for copies of all records whenever you visit your doctor for treatment after an accident These records are official documents describing your injuries symptoms and diagnoses In addition these records will document any expenses incurred in the aftermath of your accident This is important since many of these expenses are reimbursed as part of your compensation claim Its also recommended to keep a record of your mental and physical state following the accident It should include the type of pain you feel and where it happens and how long it lasts In addition if youre suffering from any mental trauma its crucial to document this too since juries typically make awards of noneconomic damages for this type of suffering If youre able it is also helpful to get photographs of your injuries and the scene of the crash This can include photos of your vehicle any other vehicles involved in the crash and any damage that may have occurred to other objects such as the sign or building It is best to capture multiple images of each object at different angles to help the investigators discern the exact cause for the crash Collecting Witness Statements In the ideal scenario witnesses statements should be collected as quickly as possible after an accident Its important to keep in mind that peoples memories fade over time so its best to get witnesses to give their statements as soon as is possible The more detail you can provide the better It is also recommended that any interview with a witness be recorded with their permission of course because this will assist in ensuring a precise report of what they witnessed It is also worthwhile to look for witnesses outside the immediate vicinity of the crash You could ask local business owners if they were there to witness your accident This could result in footage of your crash being recorded on the security camera at a shop which could be helpful in your situation You should also ensure that any statements made by witnesses do not contain opinions feelings or guesses regarding the result of the accident or expressing sympathy towards you or any other victims involved These statements could be detrimental to your credibility especially when theyre contradicted or disputed by another witness Avoid asking anyone who knows the person who caused your injuries or works for their employer to be a witness They could try and influence your claim for the company they represent You might not receive the amount of compensation you need If this is the case Contacting an Attorney When you are evaluating an attorney take into consideration whether they have the resources necessary to conduct extensive investigations into the circumstances of your crash This could include investigating the scene of the crash as well as conducting interviews with witnesses and gathering other evidence of the incident and your injuries Once your attorney has viewed all the documents they can gather they will begin an agreement negotiation process with the insurance company of the driver at fault The purpose of this negotiation is to secure an acceptable settlement without the need for a trial Your attorney could talk to the insurance company several times before reaching an agreement The severity of your injury will have a major impact on the amount of compensation that you receive Injuries that are severe can result in more expensive medical bills and permanent effects that require more intense care Some car accident victims may need surgery to correct the longterm damage to their injuries These expenses will be included in the total economic damage Your attorney will also be considering the medical needs of your future as well as the decreased quality of life that is a result of your injuries For example if you are permanently injured in a crash that results in the need to renovate your home to allow you to access all areas of it the cost of doing this can be included in your noneconomic damages
