A successful claim for compensation following a car accident requires more than simply describing what happened. Insurance companies and courts look for concrete, high-quality evidence, which they use to determine who is at fault, assess the nature of the injuries, and calculate how much compensation is required. The strength of the evidence you present can make or break your case, so you need to make sure that you provide the best evidence possible. At Alex Yadgarov & Associates, we cannot stress enough the importance of good evidence. As your Queens car accident lawyer, let us explain the types of evidence that can help you get the compensation you deserve.
Why Is Medical Evidence So Important in a Car Accident Claim?
The evidence is the foundation of every successful case built. Without evidence, even the most honest and legitimate claim will be difficult to prove. Here’s how evidence plays a crucial role in every stage of the investigation.
- Establishing how the accident occurred—Evidence can be used to help reconstruct the sequence of events leading to the accident and other contributing factors.
- Determining who is at fault—Liability in car accidents rarely goes uncontested. The evidence is then used to determine who is at fault for the accident and to what degree.
- Demonstrating the nature and extent of injuries and losses—The compensation you receive is directly proportional to the nature and extent of the injuries and losses suffered.
- Assisting insurers, attorneys, and the court in evaluating the claim—Decision-makers at every level can rely on organized evidence to make their determination instead of relying on assertions and guesswork.
What Evidence Is Needed to Prove a Car Accident Case in NYC?
Police and Accident Reports
When an accident occurs, notify the police. When the police arrive at the scene, a police report of the accident will follow. This report will be an objective, unbiased account of the accident. At the same time, it will include key details like the officer’s observations, driver information, weather conditions, and even diagrams of the accident.
If the accident involves death, injury, or property damage that exceeds $1000, the MV-104 form must be filled out at the NY DMV. This accident report must be submitted within 10 days of the accident. Similar to the police report, it too will contain valuable information.
Medical Records
The best way to prove the extent and severity of the injuries you’ve suffered is through medical evidence. With evidence such as emergency room records, physician’s notes, diagnostic imaging (MRIs, CT scans, and X-rays), surgical records, and prescriptions, your accident lawyer in New York can paint a picture of how severe the accident was and how the injuries have impacted your life.
Medical evidence is also important when addressing New York’s serious injury threshold. If the injuries satisfy the threshold, you can go beyond the no-fault system and file a personal injury case for additional compensation.
Photographs and Videos
A photograph can say more than a thousand words. As such, photographs and videos of the vehicle damage, accident scene, road conditions, weather conditions, visible injuries, and even the accident itself do a lot to prove liability and damages in an accident.
Witness Statements and Expert Testimony
The statements of witnesses can be used by investigators to fill in gaps in their investigations and look at the accident from different perspectives. Sometimes, expert witnesses can be called to help shed light on certain points in complex and disputed cases.
Electronic and Digital Evidence
Event Data Recorder (EDR) information, GPS data, and cell phone records can help reconstruct events leading up to the collision. They give insights into vehicle speed, whether the brakes were applied, and whether the phone was being used at the time of the accident.
Financial Records
Medical expenses, pay stubs, and repair estimates, among other financial documents, can be used to determine the extent of the financial losses suffered.
Common Mistakes That Can Weaken the Evidence in Your Case
Here are some common mistakes that can impact the quality and effectiveness of your case.
- Delaying medical treatment
- Failing to photograph/video the accident scene
- Not gathering witness information
- Misplacing important documents
- Providing inconsistent statements
- Repairing/disposing of the vehicle without documentation
How Can You Preserve Evidence After a Car Accident?
Taking the right steps after an accident can help you preserve the evidence that makes a significant difference.
- Seek immediate medical care
- Inform the police about the accident.
- Photograph/video the accident scene
- Obtain witness contact information
- Keep medical records and receipts
- Save your correspondence with your insurance company.
- Do not delete any digital evidence.
- Contact a Brooklyn car accident lawyer in NYC
Conclusion
Building a strong and successful case requires preserving evidence that can help investigators get a clear picture of liability, injuries, and damages. It can make or break your case. If you want help gathering critical evidence and building a strong case, then give Alex Yadgarov & Associates a call. We will fight the good fight and get you the compensation you deserve. Contact us and schedule your free and confidential consultation.