Founding Attorney
If you were involved in an automobile accident, you have the right to file a lawsuit against the at-fault party. But it will be up to you to prove that the defendant is liable. This means having strong evidence that demonstrates the necessary elements of a personal injury lawsuit.
Working with a knowledgeable New York automobile accident attorney, you can develop the evidence that is necessary to build a compelling case. Find out how Michael LoGiudice, LLP can help.
What You Have to Prove to Win Compensation
Understanding the elements of a New York personal injury lawsuit can guide you in collecting evidence. They are:
- Duty of care: First, you have to show that the negligent party (whether a driver or anyone else) owed you a duty of care. For instance, all drivers have a duty to obey the law and drive safely.
- Breach: Next comes breach of the duty of care, and this will be the result of either negligence or intentional wrongdoing. Driving drunk, driving recklessly, and speeding are examples of breaches.
- Causation: The breach must directly cause the accident and your injuries. If there were multiple at-fault parties this may be more challenging, but your attorney will assist.
- Damages: Finally, you must prove the nature and amount of your losses. Among these are medical bills, lost income, and pain and suffering.
Collecting the Evidence: A Checklist
The exact evidence that you need will depend on the circumstances of your case. To get you started, we recommend following this checklist:
- Police accident report: New York law enforcement officers who respond to crashes generate accident reports which contain basic facts about the parties involved. You will want a copy of this report for later.
- DMV report: You have to file a report with the New York DMV within 10 days of the wreck if anyone was injured or killed or there was property damage exceeding $1,000. Get a copy of this report.
- Driver information: Get the name and contact information of the at-fault driver, their driver’s license, their insurance information, and their vehicle tags and description. Ask a police officer to assist if the driver is antagonistic.
- Photos and videos: Take pictures and record videos of the accident scene (e.g. damage to vehicles and skid marks) and of your injuries. Include as much detail as possible and make sure you keep these images somewhere safe.
- Eyewitness information: Also get the names and contact information of anyone who saw the accident. Find out if they recorded the crash on a dashcam or otherwise.
- Personal notes: Write down your own notes about the events leading up to and right after the crash. Include details such as the driver’s behavior or anything they said, as well as the time and place of the wreck and the weather conditions.
- Medical records: Start collecting all medical records such as bills, doctors’ notes, test results, specialist referrals, and more. Your New York auto accident lawyer will work with your doctors to obtain strong evidence that is admissible in court.
- Missed work: Keep records of any and all work you miss, correspondence with your employer, and any workers’ compensation claim you file. Detail any work limitations you have following the accident.
- Property damage: This includes damage done to your vehicle as well as any personal items that were damaged or destroyed in the crash.
- Details about the effects of the accident: You should begin keeping a detailed journal in which you document pain and suffering you experience, limitations on your daily activities, and whether your medical conditions worsen.
- Out-of-pocket costs: If you incur out-of-pocket costs, such as the expense of renting another vehicle, document these as well. Such costs can quickly add up so keep receipts of anything and everything you pay for that’s related to the accident.
- Insurance correspondence: You should also document anything you send to or receive from any insurance companies, including your own. However, you should not speak with any insurance company until you talk to a lawyer first.
- Expert witness reports: Ask a New York auto accident attorney about expert witnesses who can help your case. These may include medical experts, vocational experts, accident reconstructionists, and others.
The Important Role of Discovery
You will probably not have all of the evidence you need in your possession to make the best possible case. This is especially true if a third party such as a vehicle manufacturer caused the crash. Your New York accident lawyer can help you collect evidence that other parties have.
This is where discovery comes in. It is the formal request and exchange of relevant documents and information between parties to a personal injury lawsuit. Your lawyer will have various discovery tools they can use like requests for documents and depositions.
You play a part in helping your lawyer understand which documents and information to ask for in discovery. For example, if your brakes failed just before the crash, you need to let your lawyer know. Your lawyer may be able to obtain proof of defective vehicle workmanship.
Ready to Start Working on Your Accident Case?
The most important step you can take after being in a New York auto accident is to retain legal counsel. Your lawyer will explain the evidence you will need, help you obtain it, and then build a case. Contact Michael LoGiudice, LLP today to get started.