Before filing a claim, a Toledo car accident attorney will have met with the person filing, collected photos, conducted an an investigation, and collected witness statements or notes from talking to witnesses or reviewing the police reports. There is work that goes into collecting evidence for a Toledo car accident case.
An attorney will either have gone out to the accident scene with the person or gone through the accident scene on Google Earth to understand how the accident happened. An attorney would have all the medical records from the person and they would have analyzed the case and the defendants.
They will also obtain documentation of the defendants, like their social media history, their credit history, and who their insurance carrier is. If a qualified car accident lawyer can find out how much insurance coverage they have, they can determine the jurisdiction, meaning what court is the most advantageous to file in.
Evidence a Lawyer Looks For
A lawyer would look for witness statements, photos, medical records, and information about the defendant. An investigation of both parties would occur to assess strengths and weaknesses. An attorney would also order prior medical records of the person filing to determine if the injury was new or if it was an aggravation of a pre-existing condition. The best way to prepare for the case is to analyze it from both sides. An attorney will typically have a checklist for collecting evidence for a Toledo car accident case. The evidence includes photos, prior medical records, and current medical records. There may be some unique circumstances on individual cases. For example, there has been success on some disputed liability cases of getting police red light cameras, and getting surveillance videos from neighbors or businesses. Video footage is very helpful.
Process for Collecting Evidence
A lawyer and individual would converse together to determine what the issues are in the case. They would brainstorm with each other to figure out whether the case needs a particular expert witness, whether they need to get witnesses, and whether a private investigator is necessary. Typically an attorney tries to work with a team to brainstorm the best options for evidence.
There are many cases that are clear in liability. In these cases, the insurance company admits to liability, but proving damages and the injuries is one of the most important actions. In other cases, there can be a low amount of insurance coverage and the injuries are clear, but there is disputed liability. Heavily disputed liability cases would be an area that a litigator would put the most effort into.
Length of Time to Collect Evidence
Collecting evidence for a car accident case in Toledo could take a short period time if the person heals their injuries quickly. There are other cases that take a couple years to collect evidence. If they have a prolonged medical treatment, an attorney would discuss that treatment with the individual, ordering up medical records, trying to get reports from doctors, and acting in their best interest.
Presenting Evidence in Court
An attorney will analyze all the evidence and determine what is favorable and what evidence is not. Evidence used is almost telling a story to the insurance adjuster or the jury. An attorney’s job is to figure out what is the best way to use the evidence to tell an interesting, compelling story about the impact on the life of the person that would be most persuasive. A lawyer will determine what is the best way to tell the story in a concise, efficient manner that will maximize the recovery to the person.
Other Factors to Consider
An attorney may also visit the impacted person at their house, see the influence of the case on their day-to-day life, talk to their friends, talk to their family. The best way to do a good job for the person is to understand the day-to-day impact on them, their lifestyle, and their family. Good communication and a bit of creativity go a long way in collecting evidence for a Toledo car accident case.