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Evidence in an Automobile Accident Claim

The court requires proof of the elements of your personal injury claim. Even a case that may seem obvious and straightforward may be dismissed if the plaintiff fails to present sufficient evidence. Alternatively, insurance companies can be convinced to agree to an equitable settlement when confronted with compelling proof.

Bill Berenson has focused on auto accident recovery for close to 40 years. He knows the evidence rules including what types of evidence are admissible in Texas courts and what standard we need to reach to win. He thoroughly investigates your claim and collects crucial evidence. He effectively uses this evidence to negotiate a higher settlement or jury verdict.

Tips for collecting evidence at the scene

The scene contains valuable evidence which may be destroyed once the crash is cleared and witnesses disappear. Try to collect evidence or tell us so we can help you build your case by doing things like

  • Take pictures of the scene, all vehicles and drivers, and your injuries
  • Talk to witnesses and obtain contact information
  • Inquire in local businesses whether anybody witnessed the crash
  • Scan the area for video cameras that may have captured the accident
  • Write notes while your recollection is still fresh
  • Call police and speak with them so they will produce an unbiased report
  • Obtain the other driver’s name, address, number and insurance information
Preserve documentation of your injuries

You will need to prove your injuries and the damages they have caused you. Remaining organized can help your injury attorney prove you were injured and the value of the resulting damages. Also, once your lawyer settles your claim, you waive the right to future damages. Include all medical bills and anticipated medical needs in any settlement agreement. Our auto accident attorney will help you and suggests that you

  • Note in your calendar every time you visit your doctor
  • Keep a diary of diagnostic tests, medications and treatments
  • Rate your pain and detail effects of your injury on your life in your diary
  • Request a copy of your records from the hospital and doctors
  • Maintain an organized folder with all medical documents so they are easily accessible
  • Take photographs of your injuries and scars
Prove your lost wages and effect of you disability on future earnings

Even a relatively minor injury can force you to take some time off of work which can cost you precious wages. A serious injury can lead to devastating financial losses and may prevent you from ever working again at your current capacity. To be compensated for these damages you must demonstrate your past earnings and diminished earning capacity through hard figures.

An employee who makes a steady wage each week can prove earnings through paystubs or tax returns. Independent contractors or commission-based employees will need to show wages over time, especially if recent earnings were lower than in the past. Bank accounts, contracts and letters of intent to hire may also be useful means of demonstrating income.

Proving loss of earning power is more complex. In essence, you must be able to demonstrate what you would have made had you not been injured compared to what you will likely make considering your disability.

Expert witnesses and testimony

Expert testimony is powerful evidence. Jurors tend to put great weight on the well-presented findings of qualified medical doctors, financial analysts and industry-specific professionals. Insurance companies know this and are often influenced by compelling expert opinions.

Our accident law firm has built a network of experts with whom we can consult about the nature of your injuries, the costs of living with your disability and the effects on your future earning potential. In addition to presenting convincing expert reports and testimony, we are also adept at attacking unsubstantiated expert opinions presented by the defendants.

Learn how our Fort Worth accident attorney can help you prove your damages

Our Fort Worth injury lawyer is skilled at collecting and presenting crucial evidence to prove damages in a car crash claim. Learn more about important evidence required to prove your case at a free case evaluation.

What our clients are saying
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I couldn't be more impressed by Bill Berenson. L. Peters
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