If you have been involved in a car accident, there are several options to recovering for your injuries, property damage, and if appropriate, lost wages. As Florida is a no-fault state, your first line of defense is your own insurance company, who will compensate you for damages up to your policy limits. If your potential damages exceed what you are entitled to through your own insurance company, you may also be eligible to file a lawsuit (personal injury claim) to recover further monetary damages from the other parties to the accident.
Whether you need to present your case to your own insurance company – or you are considering filing a legal action against the other party’s insurance company – having as much corroboration of your version of events as possible will help you out immensely. The most successful cases are those which can be easily proven, and that requires that you both gather and preserve evidence which supports your claim.
Preserve Evidence as Soon as Possible
Of course, the most important thing after an accident is assuring the health and well-being of the humans involved. While evidence collected at the scene is valuable, it is not worth risking your health. If you cannot gather the following information at the accident, plan to return as soon as possible. Assuming that you can safely do so, these are the categories of evidence which will help you to recover the damages you deserve.
- Immediately Document What Happened: We know that our memories begin to play tricks on us as time goes by. Writing down your version of the exact events as soon as possible allows you to provide your story in its most accurate form. Include as many details you can think of, no matter how insignificant they may seem at the time. Your personal injury attorney will be able to decide what is relevant to your claim and what is not. You may also choose to make a video of your statement, and include eyewitness accounts if possible. Don’t forget to get the names and numbers of key witnesses should they be needed to prove your case.
- Take Photos: You will want to take photos of the cars involved, the scene of the accident and the surrounding area. Although you may not realize it at the time, you may be preserving valuable evidence – such as a missing street sign, a large pothole which caused you to veer, weather conditions which contributed to the accident, or construction in the area. Any details from the scene which may help to bolster your story are important to capture, as they may not be there weeks or months later when your case comes to trial.
- Keep Stringent Records: Be sure to record the details of every doctor visit and hospital stay, including the dates you were treated, the reason you were admitted, and any physician notes or diagnoses. Be sure to also keep copies of all prescriptions and therapies which are required, and be sure to ask your doctor for his prognosis regarding any future care you may need. If your ability to work has been impaired, document your days off, any lost wages, and your company’s policy on missed shifts. Finally, keep records of any police reports, conversations with insurance companies and estimates regarding your car repairs or replacement.
The attorneys at Probinsky & Cole are here to make sure you present the strongest possible case for your personal injury claim. If you believe you may have a case, don’t wait. Contact our team and we can help you to gather and preserve evidence right away. Don’t let a lack of evidence affect your monetary claim – call us today.
