Car accidents can put victims in an uncomfortable spot. Even though they know the other driver caused their accident, they may be wondering how to prove that. They also wonder how they are to be paid for the many forms of damage due to the accident. For some help in knowing where victims should turn, read on.
Speak to a Lawyer
Talk to a personal injury lawyer and put your mind at ease. They will deal with both the issue of fault and with making sure you are paid for your damages. You might still be interested, though, in how these things are proven. Knowing about the gathering of evidence to form a case means you can assist your lawyer in getting you paid what you deserve. To show fault and to prove your damages, it's all about evidence.
In the case of some car accidents, it's obvious that one driver or the other caused the accident. The other driver may even admit to fault at the accident scene. However, some car accidents may not be as easy to figure out. Both drivers might point their fingers at each other when it comes to who caused the accident. When that happens, more investigation is necessary.
Beginning with the accident scene, law enforcement officers responding to the accident will interview bystanders and others in an effort to find someone who saw the accident happen. They will also take photos of the vehicles and any signs of damage on the road or on the roadside. All their observations are compiled into a report. This is an important part of evidence because the officer will also sum up the accident with an opinion as to how it happened. However, the report can be challenged.
If you disagree with the findings in the accident report, your lawyer will speak to the eyewitnesses. The way people see and remember things depends on several factors. Your lawyer may also employ a specialist to reconstruct the accident using computer programs to arrive at a conclusion.
Once the fault is decided, you must prove your damages. In most cases, accident damages include these:
- Medical expenses
- Lost wages
- Wrecked vehicle
- Pain and suffering
- Evidence to Prove Damages
Each form of damage requires evidence to back it up. Taking each form of damage above, here are some suggested types of evidence.
- Medical expenses: Receipts or billing statements from the medical facility, private insurance explanations of charges, discharge instructions, recipes for prescriptions, medical records, and doctor's notes.
- Lost wages: Pay statements or paycheck stubs, copies of tax returns, a letter from your employer stating your normal rate of pay and how much time you have missed from work, and a log of all time missed from work.
- Wrecked vehicle: repair estimates
- Pain and suffering: The dollar amount of your medical expenses and how you arrived at that amount.
Speak to a personal injury law firm in your area such as Thomas Law Firm to find out more.