Being involved in a car accident is stressful, and in the aftermath, you might not be thinking clearly. But one of the most important things you can do after the car accident is to ensure that you have gathered as much evidence as possible. If you are injured and end up with a claim, you’ll need this evidence to help back it up. If you decide to contact a Denver personal injury lawyer, you’ll need this evidence if you end up going to court or filing a lawsuit.
The more documentation of the accident you have, the better your chances of winning a personal injury lawsuit or settlement.
If you are interested in finding out about traffic accident trends in Colorado, read this report
by the Colorado Department of transportation.
Types of Evidence to Gather
Being involved in a car accident is a very upsetting experience, leaving people disoriented and confused. Even if you feel like the accident is minor, it’s always a good idea to call the police so that you can file a report. The report will be needed for the insurance companies of the drivers involved. The police report will also be a crucial piece of evidence when you file a case.
It is up to the injured party—who is also known as the plaintiff—to provide evidence to prove their case. The plaintiff will need to prove that the other driver caused the crash that resulted in their getting injured.
After making sure your passengers are okay after the crash, you can focus on gathering evidence. There are many different types of evidence you should be focused on:
- Pictures of the accident scene, including all property damage and injuries. Your smartphone is invaluable after an accident. You can also use it to take videos of the scene. Take pictures of the vehicles involved in the crash. Other items to note include placement of stop lights, stop signs, skid marks on the road, construction on the road, and anything else that could be notable in proving your case. Take pictures of your injuries at the scene, if possible.
- Medical records. It’s crucial to obtain medical treatment after you are injured in an accident. If you do not seek treatment, the at-fault driver’s insurance company might try to minimize the seriousness of your injuries. Be sure to follow your physician’s instructions to the letter. If you don’t, the insurance company might be able to use this against you when offering a settlement.
- Eyewitnesses of the crash. Get contact information from anyone who saw the crash or who saw what the at-fault driver might have been doing leading up to the time of the crash.
- Contact information. Be sure to get the names and addresses of the parties involved in the crash, as well as their insurance information and vehicle information (including license plate numbers). If the driver appears to be under the influence, use caution and do not engage with them more than necessary.
- Police reports. The police report is one of the most valuable pieces of evidence because it provides a neutral account of what happened. The police report might also contain the responding officer’s opinion as to who may have been at fault.
- Breathalyzer results. If the at-fault driver is driving under the influence of alcohol, the Breathalyzer results will be crucial in proving this.
While at the scene, do not apologize or admit fault. When speaking with the police, stick to the facts only.
Evidence of Physical Injuries
Keep meticulous records of each medical appointment that relates to the treatment of your injuries, including:
- The healthcare professional you saw
- The reason for the visit
- The type of treatment you received
- Your costs for the treatment
When your treatment is completed, make sure you have copies of all records, including treatment and diagnostic images such as x-rays, CT scans, and MRIs.
If you’ve lost income because you were unable to work since being injured, get documentation of this from your employer.
Damages You Might Be Able to Recover With a Personal Injury Lawsuit
After you are injured in an accident, you might be able to recover damages for the following:
- Cost of medical treatment. This includes expenses incurred after the crash as well as into the future if you will require additional treatment. It covers costs for emergency treatment, hospitalization, medical equipment, medications,
- Lost wages. If you were unable to work because of your injuries, you might be able to recover lost wages. If your doctors believe you will be unable to work in the future because of your injuries, future earnings will also be taken into account.
- Property damage. This includes the cost of your vehicle, as well as any personal property you might have had inside that was damaged. You might also be able to recover the cost of tow trucks and rental car expenses.
- Pain and suffering. This refers to the physical and/or emotional stresses that are associated with the aftermath of a car accident. It can refer to physical injuries and pain, but it can also include psychological injury such as loss of enjoyment of life.
Because insurance companies will try to pay out as little as possible after a car accident, it’s crucial that you have an attorney. A personal injury attorney will not let insurance companies get away with paying out too little.
Protect Your Rights by Working With a Denver Personal Injury Lawyer
If you have been involved in a car accident that wasn’t your fault, and you are now dealing with injuries as a result of that accident, you need an experienced personal injury lawyer on your side. As your car accident lawyer in Denver, Mark Simon offers free consultations at our Cherry Creek office. Because Mr. Simon works on a contingency basis, he will charge a percentage of your total settlement amount, meaning you will not have to pay a retainer or cover any costs of the case. All of this will come out of your final settlement.