What Evidence Do I Need to Win a Car Accident Case?

Jed Dietrich, Esq., Is a Recognized Super Lawyer Committed to Protecting the Rights of Car Accident Victims Across the Buffalo-Niagara Falls Region. If You or a Loved One Has Been Hurt in a Buffalo Car Crash That Was Not Your Fault, The Dietrich Law Firm P.C. Could Help You Explore Your Best Options for Effective Legal Relief.

The burden of proof is on you when you file a lawsuit.

In other words, if you sue, you can only recover compensation if you can prove that the defendant is in some way liable for your injuries. This means that you will need compelling evidence to show that the other party’s negligence caused your accident. However, collecting evidence is not always straightforward. Evidence can disappear or degrade almost overnight, making it practically impossible for injured accident victims to act quickly.

Do not take chances with your personal injury lawsuit. A recognized U.S. News & World Report Best Law Firm, the Dietrich Law Firm P.C. has spent decades filing, fighting, and winning high-stakes injury claims. We know what it takes to build a compelling, evidence-based case for compensation, and we have the results to prove it. Please send us a message online or call us today at 1-716-839-3939 to schedule your 100% free, no-obligation consultation and find out how much your case could be worth.

Since New York is a no-fault state, most accident victims must file a claim with their own insurance company before taking any further legal action. If you have sustained serious injuries and require assistance beyond what your policy can provide, you may be entitled to sue the person who caused your crash.

However, filing a personal injury lawsuit is often much easier said than done.

Even if you are confident in your case, the court will expect that you satisfy certain legal requirements. In the context of a car accident claim, this often means establishing that:

1. The at-fault driver owed you a duty of care;
2. The at-fault driver breached their duty of care by acting negligently;
3. The at-fault driver’s negligence was the direct cause of your accident;
4. You suffered serious injuries as a result of the crash; and
5. You have sustained certain damages that can be compensated by a court of law.

Taken separately or together, these requirements can seem deceptively simple.

Let us say that you were injured by a driver who took a left turn through an intersection when you had the right-of-way. The other driver clearly made a mistake, but that alone is not always enough to prove causation. Maybe their defense lawyer finds evidence that you were on the phone or texting shortly before the crash. Or the insurance company will try telling the court that you would not have been so badly injured if you had gone to the hospital sooner.

These arguments would not stop you from suing, and they may not stop you from negotiating a settlement or winning your case at court. They can, however, increase your share of the liability and, by extension, decrease the compensation you will receive once your claim is resolved.

You need evidence to win a personal injury lawsuit.

Without the right evidence, you cannot prove causation, verify your injuries, or accurately assess your damages. However, knowing what types of evidence to look for and prioritize can be difficult. If you are still recovering from your injuries, you may not even be in a position to launch anything resembling a full-scale investigation.

This does not mean that you cannot start preparing for your day in court.

You might need a lawyer’s help to obtain certain kinds of evidence, like another driver’s communication logs or a vehicle’s black-box data, but you probably already have access to many of the records your attorney will need to start building a better, stronger case.

Most types of important evidence in a car crash claim often include:

You should always see the doctor after an accident.

Even if you do not think you have been seriously injured, scheduling a check-up creates a record of your concerns. Your doctor can diagnose your injuries, recommend treatment, and refer you to physical therapy or a specialist. If you experience new or worsened symptoms at a later date, the insurance company will have a much harder time dismissing them as unrelated or exaggerated.

Furthermore, when it comes time to go to court, you will need your medical records to prove that you were actually injured. To this end, you should keep everything your doctor gives you and ensure that you follow through on their recommendations to the best of your ability.

Insurance does not cover everything.

If you have been seriously injured, you may still be liable for expenses like:

1. Your deductible;
2. Provider co-pays; and
3. Prescription medication.

Aside from keeping receipts, you should keep track of how your accident has affected your ability to go to work and earn a living, too.

If you had to take time off from your job, mark down the dates on a calendar and note whether you had to use PTO or vacation days. You should also save copies of your most recent paystubs, particularly for the periods immediately preceding the accident.

You could be entitled to reimbursement of your out-of-pocket expenses, lost income from work, and other damages. Saving your receipts and pay stubs makes it easier for your lawyer to estimate how much money you have lost and how much you will need to regain your financial footing.

Eyewitness testimony is not always reliable, but it can still make or break a personal injury case.

If you exchanged names or phone numbers with anyone at the scene of the accident, bookmark their contact information and save a separate copy; it could prove useful if the at-fault driver contests your version of events.

You may still be able to sue even if you were not able to speak to any eyewitnesses.

Personal injury lawyers usually investigate accidents as part of the litigation process and will go to great lengths to locate passersby who can provide a better perspective on the collision. However, acting fast is essential. Memories can fade quickly, and it is not uncommon for courts to dismiss witnesses whose recall seems flawed.

If you think you could have a case, call Jed Dietrich, Esq., today at 1-716-839-3939 to speak to a car accident lawyer and schedule your 100% free, no-obligation consultation as soon as possible.

Call the Dietrich Law Firm P.C. immediately at 1-716-839-3939 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!