One way you can increase the value of your case is to collect as much evidence after an accident as possible. The personal injury attorneys at Injurect.com have a few tips for what types of evidence we attempt to collect immediately after an accident, how to obtain it, and how it helps.
Excellent lawyers are excellent investigators. Your Connecticut personal injury lawyer will work with other professionals to help you get as much information as possible to help protect your claim and attempt to maximize your recovery.
When Should Evidence Collection Start, and Should I Wait Until I Hire a Personal Injury Lawyer?
One crucial thing to remember is that gathering evidence should start immediately after an accident, and it can be critical to move fast to prevent evidence loss or destruction.
This is especially true with physical evidence, such as damaged car parts, the car itself, or other potential accident-related objects. As quickly as possible after the accident, it’s critical to snap pictures and preserve any tangible evidence.
Other physical objects can be the shoes one was wearing during a slip and fall or the data event recorder or camera (including the hard drive) of any video surveillance equipment on a building or in a motor vehicle.
How does an Investigation Start?
A good investigation starts with asking the initial questions that the story requires. After all, an accident investigation is an attempt to recreate the story of what happened as accurately as possible.
So, an investigation always starts with attempting to answer the basic questions, the who, what, when, where, and how. Of course, answering the “how” questions is usually the toughest and is most commonly the cause of disputes.
Even in a complex accident or other type of personal injury case, start by trying to get as detailed an answer to each of these questions as possible. The parties involved, the details of when and where it occurred, and what occurred (a car accident, a dog bite).
Investigating the “How”
The question of how an accident occurred can be simple – someone was distracted by a cell phone and failed to apply their brakes at a stoplight, causing a rear-end accident. Or, very complex – a cancer patient’s treatment was delayed because a doctor missed a tumor.
The resources needed to determine how an accident will depend on the type and complexity of the case. Medical malpractice cases are much more difficult (and expensive) to figure out where negligence was compared to most motor vehicle accidents.
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What Type of Evidence Will Your Connecticut Personal Injury Attorney Collect?
Witness Statements
In cases involving personal injuries, first-hand witness accounts can be important sources of evidence. Witness accounts might shed light on the circumstances leading up to the accident and the severity of the victim’s injuries.
As soon as possible after the accident, while the events are still recent in the witness’s memory, it is crucial to speak witness statements. Once your attorney or investigator speaks to a witness, you can then decide whether to get a written statement from the witness.
Photos and Videos
Videos and photos of the accident, the injuries, the damage to the car, or any other important detail are some of the best evidence a personal injury lawyer can use to help maximize your settlement and recovery. Videos may come from vehicle cameras or surveillance cameras.
Many surveillance videos or other video recorders are only stored for a limited amount of time, sometimes only days. So, your investigator should attempt to get access to the video as soon as possible to preserve it.
If the camera owner won’t provide it, your attorney should send out a preservation letter to that person as soon as possible. A preservation letter is sent to the holder of evidence to direct them specifically not to destroy any possible evidence they have.
Health Records
Another important piece of evidence in a personal injury case is medical records. Medical records can be used to determine the kind and severity of the victim’s injuries as well as the medical care that was given to them.
Hospital records, doctor’s notes, X-rays, and other diagnostic tests can all be found in medical records. It’s critical to get a hold of all pertinent medical data as quickly as possible after the accident.
How Else Can You Get Evidence in a Personal Injury Case?
Some evidence is not available until you file a lawsuit or cannot be obtained by you without hiring professionals that are trained in determining what type of evidence may exist or is necessary to come to conclusions.
In these cases, there are other ways to get evidence.
Discovery
In a personal injury case, both parties are expected to communicate information and evidence during the discovery process. This can consist of written materials, images, witness accounts, and other types of proof.
The Discovery portion of a lawsuit can include depositions, written questions and answers, or other avenues to continue to gather evidence related to your claim. Oftentimes, however, the discovery process is where a large majority of disputes occur.
A good personal injury attorney is one who knows how to conduct discovery so that you can get all the necessary and relevant information you need to prove any element of your claim.
Experts
Your personal injury attorney may hire an expert, like an accident reconstructionist, to immediately investigate an accident or some component of a claim. This expert may document certain types of evidence, like skid marks, that may disappear.
An expert who authors a report, or gives an opinion, is also providing evidence in the form of testimony about conclusions on specific questions. This evidence can be very helpful in proving damages or liability. Experts are nearly always required in medical malpractice cases.
What Type of Experts Might Be Used in a Negligence Case?
The personal injury attorneys at Injuredct.com use private investigators in nearly every case we have, regardless of how “minor” the case may seem. Oftentimes, we also use accident reconstructionists, medical experts, engineers, and other skilled professionals.
Each type of personal injury case requires a thorough consideration of what types of experts should be used to provide evidence about important issues on causation or damages that may arise in any case. Experts can be invaluable in helping answer the “How” question.
Why Would Your Connecticut Personal Injury Attorney Use a Private Investigator?
Our Private investigators (also called private detectives) are skilled in information gathering, interviewing, and accident investigation. Private investigators can be a priceless asset in a personal injury case.
Our Private Investigators May Do the Following:
- Interview witnesses: Private detectives can assist in finding accident witnesses and interviewing them to learn what they saw or heard.
- Investigate the Accident Scene: Private investigators can go to the accident scene to collect tangible evidence, such as tire marks or car damage, that may help establish what transpired in the collision.
- Surveillance: Private detectives may carry out surveillance on the person or entity that caused the accident to gather proof of their actions, such as reckless driving or careless behavior.
- Background Checks: To find out whether there have been any prior accidents, criminal histories, or other pertinent information, private investigators can run background checks on all people involved in the collision, including the other driver.
- Looking at Social Media: Private detectives can keep an eye on the social media accounts of the people involved in the collision to find any evidence that would be important to the case, like images or posts that conflict with the other party’s narrative of what happened.
If you have a personal injury, medical malpractice, sexual abuse, or any other type of injury case, consider contacting the personal injury litigators at injuredct.com at 855.CT.Legal.
Call or text (855)-285-3425 or complete a Free Case Evaluation form