Evidence for an Aurora Car Accident Claim
If you have been involved in a car accident, it is vital that you consult a knowledgeable car accident attorney. A skilled car accident lawyer may know how to collect evidence for an Aurora car accident claim. Experienced attorneys may know how to use the evidence to help establish liability and move your car accident claim forward. Speak with a lawyer today and know that you are in capable hands.
Gathering Evidence for an Aurora Car Accident Claim
The first thing to do when collecting an evidence for an Aurora car accident claim is to contact the police officer that was on the scene to see if they have any insight as to who is at fault for the collision if nobody was cited in the police report. The second thing to do is to contact the independent witnesses because they are generally the most helpful people on a case. The third thing that an adept accident attorney should do is order any 911 recordings. There is something that are CAD notes that identify which parties have called in the collision.
The fourth step is gathering evidence regarding the victim’s injuries. A lot of times this is presented in the form of medical records, medical bills, and any other economic damages such as lost wages and maybe permanent life restrictions that were a result of the collision. Then, they want to order records from before this collision occurred to know if there were any issues with the case. For example, if the injured party has a back injury in the collision but the prior medical records show that the person had a back injury before, it is important to know those things before filing the lawsuit. Those are typical things that an experienced litigation attorney would want to gather and have sufficient evidence to know which way the case is headed.
Types of Evidence an Attorney May Collect
When looking for evidence for an Aurora car accident claim, lawyers are often looking for the police report that will generally guide them to the relative fault of the parties. Other types of evidence are any statements that have been made by the injured party to the at-fault party’s insurance carrier. That is the kind of evidence that insurance carriers may seek early. If an individual is not able to sign up with an attorney early, they are generally going to give a recorded statement. It is very important than an attorney know of the statement’s existence and knows what was said in the statement.
If the accident victim’s statements are inconsistent, the attorney will probably know. Other types of evidence that are relevant are records of the person’s medical history. A lot of times in car accident litigation, lawyers are not necessarily disputing or trying evidence of fault or liability. They are worried about what damages the client has sustained. Preexisting conditions, although they should not have a major effect on a case, are important to know about.
Depending on the circumstances, if liability is not at issue, the majority of the evidence is causation and damages, which look at the extent of the injuries and whether the accident caused those injuries. If the attorney has to contest liability in the lawsuit, they will be looking for witness statements, statements from the injured party, statements from the defendant, and testimony of police officers that responded to the scene to fully understand the relative fault of the parties.
Steps a Car Accident Lawyer Must Take Before Presenting Evidence in Court
Before presenting the evidence in court, attorneys generally want to do three things. The first is to verify the genuineness of the evidence by following up with whoever is giving this evidence and making sure that they were the ones that prepared it or at least present when it was being prepared. The second thing is to review it and make sure that the evidence has some relevance in the case. If it is not relevant, it is likely going to be inadmissible in the trial. The third, and probably the most important part of the evidence, is to disclose it to the other side.
If an attorney fails to disclose evidence for an Aurora car accident claim to the defense, the most likely scenario is that this evidence will be inadmissible or will be stricken from the trial if introduced at trial without disclosing it to the defense attorney prior to that. The court will generally disfavor what they typically refer to as a trial by ambush because the lawyer has not given the opposing party sufficient time to look at the evidence, analyze it, and consider the evidence in preparing their case.