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How can I prove my accident case?
Just as with any successful argument, a successful case must be supported by evidence. Sometimes, however, figuring out what is and isn’t relevant can be trickier than it seems. In addition, forgetting or overlooking crucial evidence can do more damage than including information that isn’t pertinent to your case. In these situations, it is important to understand what kinds of evidence you can use in order to prove your automobile accident claim in court.
Pre-Case Evidence
The first day in court is never the beginning of a matter. This is because, in order to bring a case to trial, you have to, at the very least, have a legally based claim or complaint. In an automobile accident, the starting point of the case is, naturally, as soon as that automobile accident happens. From that point, there is a wealth of information and evidence that can be obtained to help further your case in court. Evidence that you can obtain at the scene of the accident includes:
- personal information from the other driver
- insurance information from the other driver
- photographs of the accident
- photographs of any injuries sustained
- medical reports from the scene of the accident, if available
- contact information for any possible witnesses
- police reports, if available.
In addition to evidence that can be obtained from the scene of the accident, there is also evidence obtained after the accident occurred, which includes automobile repair fees, medical bills, and missed wages due to any injuries sustained. While most information will go to establishing that there were injuries sustained as a result of the accident, these injuries may also have long-lasting effects, and medical bills and records can go a long way to prove that.
Evidence Obtained During the Case
Information gathering does not stop simply because the case has been filed. In any case, the courts allow for a period of information gathering, known as the discovery process, which is regulated under Rule 28 of the South Carolina Rules of Civil Procedure. During this time, parties are allowed to make use of depositions, interrogatories, and document requests to compel information from the opposing party. Each method of information gathering has its own perks, and can allow both parties to get a fuller picture of what happened.
For example, a deposition is a type of interview in which both parties are allowed to question the deponent, and can allow parties to get a better grasp of the narrative of key witnesses. Interrogatories are specific questions that are filed with, and regulated by, the court, and can allow attorneys to obtain vital information from opposing counsel in order to better prepare the case. Finally, document requests are requests made through the court for specific documents.
While there are certain types of information that are protected under the law, such as attorney work product or attorney-client communications, the discover process can help an attorney build a stronger case.
Contact an Attorney
Gathering all of the necessary evidence can be tough if you are handling your case without legal representation. If you or someone you love has been involved in an automobile accident in Charleston, North Charleston or Walterboro, then call a dedicated, experienced attorney at the David Aylor Law Offices for a free consultation.