Recovering damages from a car accident starts with a thorough investigation. The role of the investigation is to identify its causes, contributing factors, and costs. An investigation can be a long process with a myriad of details. It can also involve a massive amount of paperwork and communication with the at-fault party, their insurance company, and their adjuster.
A car accident lawyer experienced in handling investigations can help you build a comprehensive case file. They will present the investigation results to the at-fault party and their insurer on your behalf. A free review of your case and risk-free, contingency fee representation means you can get started pursuing damages right away.
Investigating a Car Accident Often Starts with Obtaining Your Police Report
A Florida police report is a detailed document that can provide valuable details and information that can bolster your injury claim. According to Florida Statutes § 316.066, filing a police report is mandatory if anyone was injured or fatally injured. It is also mandatory if alcohol use was involved, either vehicle required towing, or the accident involved a commercial vehicle.
The long-form accident form will include the following information:
- Car, driver, and insurance info
- Weather and road conditions
- Witness contact information
- Vehicle points of impact
- Readily apparent injuries
- Narratives and diagrams
This information is impartial and can help you prove the cause of your accident and protect yourself from unfounded allegations. Your lawyer will obtain a copy of your police report and any photos or other attachments.
Eyewitness Testimony is a Critical Component in Car Accident Claims
Eyewitness testimony is another form of objective evidence. Even better, if more than one person witnessed an accident, it could result in testimony from varying points of view.
They can attest to:
- The other driver’s actions
- Traffic law violations
- Each driver’s condition
- The sequence of events
Car accident witnesses can include passengers, other drivers, and bystanders. Your legal team’s investigation will identify eyewitnesses and obtain their witness statements while their memories are vivid.
Key Evidence in Car Accident Cases
Car accident evidence should tell your legal team when and where the accident occurred, road and weather conditions, and whether there were injuries or fatalities. It should also document the accident’s costs.
In addition to the police report and eyewitness testimony, a strong case file will include the following types of evidence:
- Records that describe your accident injuries, their cause, treatments, and medical expenses
- Written prognosis that describes the care you will require after your case is resolved
- Salary history records that prove the value of your accident-related lost income
- Photos and video footage of both vehicles, your injuries, and the accident scene
- Accident reconstruction reports and medical first responder reports
- Statements from medical and financial experts and specialists
Your lawyer will not ask you or your family to collect evidence. Instead, they will handle this process for you, including creating a cohesive case file and submitting it on your behalf as part of the settlement negotiation process.
Understanding the Deposition Process in Car Accident Claims
The discovery phase of an investigation allows each party in a car accident claim to review all the evidence gathered by the other side. Depositions are part of the discovery process, giving each side the chance to interview all witnesses.
Witnesses will be placed under oath, sworn in, and must provide truthful answers. All testimony will be recorded, and transcripts will be made available. They can vary in length, lasting from hours to days, and are part of the official record. You will be asked about the auto accident, your injuries, and the accident’s physical, emotional, and psychological aftermath.
Car Accident Cases Often Reach a Settlement After Depositions are Conducted
The deposition phase provides each side with a comprehensive understanding of the accident and its cause. In many cases, it can lead to a fair settlement. This typically happens because:
- It, along with other evidence, indicates negligence
- The responsible party may wish to preserve their reputation
If you are represented by a lawyer, they will evaluate the settlement offers and weigh their pros and cons. Since the final decision is yours to make, your lawyer will review each offer with you and guide you toward a favorable accident settlement.
Assessing Your Recoverable Damages Is Part of Car Accident Investigations
Investigating an accident means more than identifying its cause. It also means proving its monetary value. Your legal team will collect bills, receipts, invoices, statements, and other evidence that proves the value of these economic damages:
- Current and future medical care
- Current and future lost wages
- Property damage or destruction
- Diminished property value
A written prognosis, medical records, and your own written statement about the accident’s toll on your life and lifestyle can substantiate these non-economic damages:
- Disabling and disfiguring injuries
- Physical pain and suffering
- Mental and emotional anguish
- Loss of enjoyment of life
If your family lost a loved one in a motor vehicle accident, your recoverable wrongful death damages can be substantiated with receipts for the funeral service and proof of their financial input and contributions to your family’s household.
Understanding the Statute of Limitations in Florida Car Accident Cases
In 2023, the personal injury statute of limitations in Florida was decreased. Per Florida Statutes § 95.11, you generally have two years to file your personal injury lawsuit or wrongful death claim. Because the filing deadline can fluctuate, compliance can be challenging on your own. A car accident attorney will investigate the statute of limitations and file your lawsuit on time.
Get Legal Support for Your Fort Lauderdale Car Accident Investigation
If you or someone you love was injured in a recent collision, our car accident lawyers will conduct a thorough investigation on your behalf. They will establish the at-fault driver’s financial liability and your right to financial compensation.
Learn more about how hard our entire legal team will fight to get you the maximum compensation you deserve. Contact our consultation team at the Law Offices of Wolf & Pravato to get started today.
