4 Elements of a Strong Car Accident Claim
Are you considering taking action against another party after suffering a serious injury in an accident? You might be wondering whether your personal injury case has the right elements to achieve a favorable outcome.
What constitutes a strong case often varies drastically from one claim to the next. There are many factors that can affect the way your claim unfolds. That is why it is always important to investigate the accident thoroughly and gather all available evidence to help you and your attorney formulate a comprehensive claim strategy.
In this article, we explore four elements of a strong car accident claim:
1. You Documented the Scene of the Accident
Taking time to thoroughly document the area where you were injured can make all the difference when it comes time to start building your case. For instance, taking pictures of your injuries can make it easier to establish that your injuries or condition was the direct result of the wreck. Alternatively, photographs of the damage to the other vehicle(s) might play a crucial role in proving liability.
Other types of evidence which you should gather, if available, include:
- Eyewitness statements and contact information
- Surveillance video or dashcam footage
- The official police accident report
- The clothing you were wearing and any other personal belongings
- Photographs of any other aspects of the scene that may help you prove liability
2. You Tracked Your Losses Carefully
In a car accident claim, you will only receive compensation for the damages you are able to prove. As such, receipts, invoices, and estimates for any of the accident-related expenses you incurred may be vital to the success of your case. You should make copies of any relevant documents and store these in a safe place ready to share with your attorney during the initial consultation.
3. You Disabled Your Social Media Profiles
It may be tempting to share details of a car wreck with friends and family online. However, anything you post to social media websites or online can be used as evidence to dispute your claims. Always consider the potential consequences and the context of anything you publish online.
For instance, photographs of you at a nightclub or social gathering just a few days after you suffered a serious injury may be used to suggest that you are exaggerating the severity of your injuries. Similarly, comments you post about the accident could be taken out of context to challenge liability. In most situations, it is best to deactivate your social media accounts until your case has been resolved.
4. You Visited the Doctor Immediately after the Accident
Receiving a prompt diagnosis will not only ensure that you receive the treatment you need without delay, but it can also dispose of claims by the insurance company that you were not hurt in the accident. If you wait weeks or even months after you suffered your injuries to visit the doctor, the insurance company will likely argue that your injuries are unrelated to the accident or that your condition cannot be as serious as you claim.
Speak to a Miami Car Accident Attorney Today
Were you hurt in a car accident? You may be able to recover compensation for your medical bills, lost wages, pain, suffering, and other losses by filing a personal injury claim against the at-fault party/parties. At Viñas & DeLuca, PLLC, our car accident attorneys can meet with you to discuss your situation as part of a free consultation.
We provide personalized representation to every one of our clients, taking time to tailor our approach to the unique circumstances of each case—no matter the amount you are seeking. Contact us today at (305) 372-3650 or head over to our contact page HERE to request a case review.