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Evidence to Prove Your Case: How We Do It

Published March 9, 2018 by Bruce Millar
Evidence to Prove Your Case: How We Do It

Gathering evidence to prove your injury case is one of the most important things we do at The Millar Law Firm, and we start this process the same day you hire us.  We have a complete team of investigators who work on this. Your evidence is extremely important in two ways: First, we must prove the accident was the fault of the other driver, and secondly, we need to prove how serious your injuries are.

We want you to know that, when you hire us as your attorneys, we gather all the evidence needed in your case, i.e., “you’re covered.”  We might ask you for a few pieces of paperwork you already have, but that’s usually it. We do all the rest. If any attorney suggests that you have to investigate you own case, you are probably not talking to a dedicated injury attorney.

We Get the Best Evidence — And Fast

The best evidence in a car, motorcycle or truck accident is the evidence right from the accident scene on the day of the crash.  Other great evidence can be statements from eyewitnesses and investigating officers about how the crash happened. But all evidence about who caused the crash needs to be gathered fairly quickly, say within 15 to 30 days after the crash itself.  There is a good reason for this. Fresh evidence is the best. We don’t want any evidence to get “stale”, and we don’t want witnesses to forget details. This is especially true of eyewitness accounts. The faster we get it, the better it is.

Evidence of Fault or Cause

The biggest thing we need to prove, right away, is that the other driver was at fault and caused the crash.  The best evidence in any crash case is the evidence from the scene.  We get this from the police, eyewitnesses and medical personnel called to the scene.  Here are some examples of those records:

Evidence from the Other Driver

 Other evidence can be harder to get, especially from the other driver.  But regardless of difficulty, you can rest assured we will get everything we need to prove your case.  And if we have to file a lawsuit so we can subpoena records, we will, but we will always discuss this with you beforehand and get your permission to file suit.  Here are examples of records that can be more difficult to get without filing a lawsuit:

Injury Evidence

  After a crash, it is usually in your best interest to get good follow-up medical care, starting with the emergency room, and then with your family doctor, specialty doctors, physical therapists and all other medical personnel your doctors recommend.  This medical treatment is vitally important for your personal health and well-being, which is the most important factor you should consider if you have been injured: However, if you do not get good follow-up care, the other driver’s insurance company may not consider your injuries to be serious, and they won’t pay a fair amount for your injuries.  The same is true if your case goes to trial. If you don’t get medical care, the judge or jury may not believe you were seriously injured.

While you recover, our office will get all your medical records as well as reports from your doctors, and make sure the other driver’s insurance company knows the full extent of your injuries.  Here are just a few examples of the medical evidence we collect:

Conclusion

From decades of experience, involving hundreds of cases, we know how to collect and use evidence.  And if we can’t get the other driver’s insurance company to settle for a reasonable amount of money, we also know how to use all of your evidence to win.  Our mission is to help you succeed.

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