The best way to win your case after an accident is to prove it. Often, traffic accident cases come down to “he said, she said”, and the party that prevails, is the one who is best able to convince a judge and a jury of their case.
Therefore, your success will come down to how well you document your experience. It will also depend on how quickly you are able to get someone at your side, with the knowledge and experience to make use of your evidence.
No one likes to be in accidents. They represent a loss of time and money that is inconvenient. If you are injured, you also have to experience physical and emotional trauma. Here are some things you can do to ensure those responsible are held accountable.
Ensure you have a medical examination after the accident, even if you think you aren’t injured.
This way, you can establish that any injuries you may have sustained are directly attributable to the collision. Make sure you obtain a physical copy of your medical report and if possible, a doctor’s opinion.
If you are well enough to do so after the accident, document the area with your mobile phone. Take video footage and or photographs of the accident. This on-scene evidence may be the difference between you winning and losing your case.
The police report is one of the few pieces of independent evidence that will arise out of the scene. Therefore, make sure you enter your version of events into the police’s official record.
Along with your photos/footage, these will be important to anyone you chose to represent you at court.
Unless it is to exchange contact and insurance details, do not discuss the accident with the other party. Do not say or do anything that can be later interpreted as admitting liability for the accident. This will certainly come back to bite you in court.
Don’t speak to the other party’s lawyers and insurance company either and do not accept any settlement they propose. If they keep calling, it may be time to get someone to represent you.
This may seem unimportant, but do not speak about the accident on your social media accounts or about the other party. If you decide to sue, they will be looking for anything to undermine your case. Don’t let your social media provide it.
Once you are considering suing the other party, you need to hire a lawyer. Researching online, you’ll see several are available like Sherrod & Bernard, who can speak to the other party’s lawyers and insurance on your behalf.
Hiring a personal injury lawyer to represent you is one of the best things you can do. It prevents you from facing the court yourself. It puts your case in the hands of someone knowledgeable.
You won’t have to pay for your consultation. Personal injury lawyers charge only if they win your case. A personal injury lawyer is experienced in collecting and presenting evidence in the best light. Even better, with a lawyer, your chances of getting a larger settlement are increased.
With your new lawyer handling everything, your primary responsibility will be to get them all the documentation you need to prove your case.
In addition to your footage/photos, police reports and medical reports, keep records of all the bills related to the accident. These will include repairs to your vehicle and medications bought. Keep a log of the time you miss from work because of the accident, whether for treatment or illness.
Start a journal to record your day-to-day experience with pain and any mental/emotional ill-effects you have experienced. All of this will become important at your trial.
Complete any course of physical therapy and/or mental health counseling you are advised to take. Additionally, take the medications prescribed to you.
This shows you are responsible for managing the outcome of the accident, even though it was not your fault.
In the end, get your doctors to provide an opinion here as well.
When you finally go before a judge and jury, tell the facts of your case as best as you remember them. Do not exaggerate and do not lie. You may be found out and this will undermine your credibility.
Recovering from an accident can be stressful, but it doesn’t have to be a complete loss. By following the above pointers, you’ll have the best chance of winning your case.