How to Build a Strong Car Accident Case You could be entitled to compensation if were involved in an accident with a vehicle due to the negligence of another driver. This could take the form a settlement in cash or in the form of a lawsuit. In the case of a lawsuit over a car accident, proving your claim usually requires expert witness testimony and evidence. It also involves appearing in court, where your attorney and the opposing side exchange information in a process called discovery. Gathering evidence Gathering evidence is a crucial part of any car accident case. An insurance company will often decline your claim if they do not have evidence. It is important to gather all the information you can about the accident, including witness statements and photos of the scene. First, notify the police in the event that you are involved in an accident. The police will issue a report on the accident that will include important details about what happened and can help you build your case in the court. It is also important to take photographs of the scene of the accident as well as any other evidence, such as skid marks or debris. This can help illustrate the extent of the damage and how it happened. It is also a good idea to obtain the contact details for all other passengers and drivers involved in the crash. This will allow you to find them later and call them for witness statements. Photographs of the accident scene and the cars are a good method to gather evidence. The photographs of the scene of the accident and any damages can aid your lawyer in building a strong case for you. Based on your specific circumstance, you should also try to gather medical records, prescription medication bills, and any other documents that relate to your injuries. These will help your lawyer demonstrate that you suffered serious injuries and are due a significant amount of compensation. Then, you should obtain a copy of the police report that was made about the accident. This report can be used to negotiate with the insurance company and at trial if your case goes before the court. It is not uncommon that evidence disappears quickly after an accident. Therefore it is crucial to gather as much evidence as possible. Also, you should collect any other documentation that is related to the accident like repair and insurance forms for your vehicle. This is particularly important if your vehicle sustained significant damage or you've suffered serious injuries. Documenting Damages If you are making a claim against the person responsible for your injuries or trying to settle with an insurance firm, it is vital to record every damage. This can include everything from medical bills to income loss because of working absences. There are many ways to record your car accident, including photos and a post-accident journal. These two methods can aid you in getting the best possible settlement for your injuries and expenses. Photographs - Take several photographs of your car and the scene including the damage caused by the other vehicle. These photographs should include close-ups of damage as well as a wide-angle photo that shows the entire area in which the collision occurred. Physical Injuries: You will need to get an in-depth medical examination following the accident to determine the type of injury you have sustained. The doctor will explain to you what you can do to alleviate the symptoms. Keep a log of all your treatment. The insurance company may claim that you are not following the doctor's advice. This evidence could be used by your lawyer to prove your case and secure an equitable settlement. Injuries can take days or even weeks to manifest themselves so it is important to consult your doctor following an accident. This will enable your doctor to determine any hidden medical conditions that may be affecting your health or making it harder to function. If you are involved in a serious accident the attorney might also require proof of lost wages. You can do this by presenting your pay stubs or other financial documents that show the amount you earned in the past and the amount you would have made if you worked. The jury is usually the one to decide the amount of money to be paid in a case that involves a car accident. The jury will decide on how many people were injured and the severity of each. Judges may also give "noneconomic" damages for pain and suffering. These awards can be significant and are often not reimbursable by insurance companies. Negotiating with the Insurance Company Following a car accident it is possible to negotiate with the insurance company to settle your claim. This is a complex process that requires many steps. It is vital to organize and gather as much evidence as you can to help your case. To begin, you should gather estimates of the value of your vehicle and other damages to your car from various sources. This information is essential as it will serve to serve as your basis to negotiate. Once you have a clear knowledge of the true value of your car then you can send an insurance company a demand note that outlines the strongest evidence for your claim. You should also include details about your injuries, medical costs, and other expenses related to your accident. The insurance company will investigate the claim. They will then review all your data and then come up with the amount of settlement. Their initial offer is likely to be lower than your estimate. However, you can make a counteroffer that is slightly lower than your demand figure to show the adjuster you are willing to compromise. This can often lead to an amount of settlement which both parties are content with. It could take several rounds of discussions to reach a settlement between the parties following the time you have made your initial settlement offer. While it can be a lengthy and challenging process, it's crucial to remain calm and professional. If the insurance company continues to deny your requests for compensation or makes vague promises that you do not believe to be fair, it's the right time to seek legal counsel. A lawyer will not just present your case to the insurance company in a positive way, but also negotiate for a better settlement. Being involved in an accident is stressful enough. But it can be overwhelming to try and navigate the insurance company and resolve issues such as car repairs, medical bills and other issues. It can be a challenge to deal with insurance companies. Going to Court You'll want to get the problem resolved quickly when you're a victim of a car crash. This could involve negotiating with your insurance provider and the insurance company of the other driver, or it could mean filing a lawsuit against the responsible party. The most common scenario is that your case will be settled before going to court, but occasionally the insurance companies or other parties in the case cannot agree to settle the case without going to trial. In this scenario, you will need an attorney to represent your rights. Your lawyer will usually collaborate with the other party to reach a settlement agreement. This can be achieved through informal conversations between you and the lawyer of the other driver or through mediation , which is an alternative dispute resolution technique that can help you settle your dispute outside of court. Once negotiations between you and the other driver's insurance company are successful, you can expect to receive a fair settlement for your damages. This could include financial compensation for medical expenses, lost wages or other losses. However, a settlement could not be sufficient to cover the entire amount of your losses. If the other driver was responsible for the crash and you want to pursue a lawsuit against them for more compensation. This is referred to as a personal injury lawsuit. It is essential to contact an attorney as quickly after the accident as possible. This is because, if your lawyer decides to bring your case to court, you will have three years to file a claim after the date of the accident. If you fail to file your claim within the specified time then you may lose the right to claim damages for your injuries. This is because Massachusetts is a comparative fault state which means you can't claim compensation for your losses if you are more than 50% at fault for the crash. The judge or jury will be able to hear both the evidence and testimony offered by both sides when you make an appearance in court to file your claim. The jury will decide who was accountable for the accident and determine how you should be compensated.