What can I do to help my case?

The most important thing you can do is get as much evidence as possible.

To protect your rights, you should do everything possible to keep a record of how the accident happened and what injuries you suffered.

The key is to get evidence that will prove that:
  • Someone Else was at Fault
  • How Badly you were Hurt

Preserve evidence showing that the car wreck was the other driver's fault:

  • Photograph the accident scene.
  • Measure the length of any skid marks or gouge marks in the roadway.
  • Photograph the interiors and exteriors of all vehicles involved in the accident. (If you believe the injuries to you or your passengers were caused by a defect in your vehicle, such as the failure of an air bag to deploy or the collapse of your seatback, it is crucial that your vehicle not even be repaired or destroyed until an automotive design expert has inspected it.)
  • Get the name, address and phone number of anyone who witnessed the accident or who arrived at the scene shortly after.

Preserve evidence of how badly you were hurt:

  • Photograph all areas of visible injury as soon as possible and take additional photographs during the recovery process to show the stages of recovery.
  • See your doctor as soon as possible after the accident and describe every area where you are experiencing pain or having other problems. This is extremely important! For example, if you fractured your leg in the accident, you may feel the most pain in your leg, but also notice your back hurts. It's very important that you tell your doctors about your back pain as well. It's possible that your back is injured and may continue to be a problem long after you recover from your broken leg. If you don't have your doctor document your back pain, the insurance company will try to claim that your back injury is not a result of the accident.
  • Keep receipts for all of your out of pocket expenses resulting from the accident. For example, gas spent traveling to and from the hospital and doctor's office, hotel and meal expenses, any medical supplies, bandages, rental of hospital beds, etc.
  • Track all the time your family or friends spent helping you, so that they can be reimbursed at the successful conclusion of your claim. For example, a family member takes time off work to drive you to the doctor, or if they help you with your household chores.
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