Evidence forms the basis of any legal argument, which makes having the right evidence crucial for the success of your car accident injury claim. Without the right evidence in hand, you may have your claim reduced or denied outright because of questions of liability, causation, and the true extent of your damages.
To protect your claim and ensure that the truth is heard, you and your Miami car accident attorney can work together to assemble the proper evidence for your case. Hiring a car accident lawyer in Miami is invaluable for pointing you toward the right sources of evidence. In most cases, your attorney can do all of the heavy-lifting to gather this evidence on your behalf.
After your car accident in Miami, try to obtain as much of the following evidence as you can to strengthen your personal injury claim.
Collect Accident Scene Evidence
If you are not too hurt to move around after your accident, then you can focus on gathering the evidence before the police arrive. Try to take photos of the car accident wreckage immediately after the accident, and then move the vehicles off the road if it can be done safely.
Priority photo subjects include:
- The scene of the accident from a distance
- The extent of damage and the trajectory of the vehicles
- Physical evidence like tire marks, ruined grass, or debris
- Your injuries immediately following the accident
- The driver’s license, insurance card, and license plate of any other drivers involved
You should also consider interviewing eyewitnesses and recording their statements on your phone. Be sure to obtain their contact information as well.
Make a Descriptive but Succinct Statement to Responding Officers, and Obtain a Copy of Your Police Report
When police officers arrive at the scene of the accident, do not accuse others of being at fault, and do not attempt to take partial credit for fault. Let the facts speak for themselves. Describe the timeline of the accident as best as you can remember. If you feel the need to speculate, such as saying “I think the other driver ran the light,” then make sure these statements are qualified as being uncertain.
The responding officer will likely be able to provide you with a carbon copy of the initial report. You can request the full police report from the Miami-Dade Police Department, although it may take up to 10 days to be made available online.
Describe Symptoms Accurately and in Detail to Medical Providers
Your medical report is as important as the police report in most instances. While the police report — along with other details — can help assemble a narrative that points to another party’s fault, your medical records paint a picture of your injuries and how much they will cost. Without detailed medical records, you may be unable to seek the full amount of compensation for all of your treatment costs.
As such, describe your symptoms fully, accurately, and in great detail to the treating doctor, nurse or physician’s assistant. Request all tests and imaging necessary to rule out any diagnosis. Also, attend follow-up appointments to show you are following all care instructions.
Why Car Accident Attorneys in Miami May Seek Expert Testimony and Depositions
To form a full picture of your accident and your injury costs, your car accident attorneys in Miami may request a recorded statement, deposition, or testimony from subject matter experts. This can include your treating physician, but it may also involve medical experts who have studied car crash injuries. Economic experts may be used to estimate the full extent of your lost wages or diminished earning capacity. A crash reconstruction expert may be used to attest that another driver was at fault for the accident and directly responsible for your injuries.
Other Forms of Evidence Car Accident Attorneys in Miami May Use
There are a number of other types of evidence that vary from case-to-case. The allegedly at-fault driver may be required to testify or make a statement in a deposition. A discovery process may be used to subpoena their personal phone records to find out if they were using their device while driving. Their bank accounts may be requested to prove that they had paid for a number of drinks before the accident.
Essentially, your Miami car accident lawyers will obtain any evidence they can to give your case the highest chances of successfully obtaining the maximum compensation for all your losses. Call Steinger, Greene & Feiner today at 800-560-5059 to learn more about collecting evidence and to schedule your free consultation.