While You're Healing Evidence Is Being Destroyed.
You've just been in a car wreck or motorcycle crash, taken by ambulance to the hospital and admitted. You have no ideas how many days or weeks you'll be there. Friends and family tell you there's plenty of time after you are discharged to find a lawyer. They mean well...but they're totally mistaken.
The Burden Of Proof Is On You.
What your loved ones don't know is it's not up to the other guy to prove he wasn't negligent. No. It is up to you to prove he was at fault. That is known as the burden of proof.
It Is Not The At-Fault Driver's Burden To Disprove Negligence.
The other driver can sit back, do absolutely nothing and still win. That is because it is not his burden to introduce evidence. You are the one who has the burden or the responsibility to gather and to preserve all necessary evidence to both prove liability and damages.
Professional Photographic Evidence Is Vital In Proving Your Claim.
Today everyone has a cell phone. We all take photographs using cell phones. The problem with cell phone photographs are that they are very low grade. They do not enlarge very well. Photographs that do not enlarge fail to show details.
Embarassment Is No Excuse For Not Having The Necessary Evidence.
Many hospitalized people are embarrassed to take photographs of their injuries while in the hospital. After all, everyone hears that only sue-happy people would do such a thing. This is not true. As lawyers we aren't shy about gathering and preserving evidence and with good reason. We understand that without the proper proof evidence our clients lose. Judges do not care that the injured person was too embarrassed to take out a good camera while in the hospital room. The judge will simply dismiss your case if you do not prove all the elements.
It's Important To Interview All Witnesses.
The only way to know what witnesses will say and if it is in your favor is to conduct an interview. Either you know where to get recorded statements or else you interview witnesses. And if the witness will not cooperate, then you subpoena them to a deposition. That is not something non-lawyers are able to do.
You Must Know When To Photograph Your Injuries.
How and when to photograph wounds, injuries and contusions is a skill. Do you know how to do it so the photograph will show what it is you are trying to demonstrate to a jury or an adjuster? If you don’t then you are out of your league and need to hire us to help you.
There Are No Excuses For Not Having The Proper Evidence.
Yes, it's important that you do heal from your injuries, but it's critcal that you contact an attorney immediately following an accident. Contact us online or call us directly at 515.222.110 to discuss your case.
ADDITIONAL BLOGS YOU SHOULD READ
- Do you have to give the insurance company's adjuster a recorded statement?
- Should I give a recorded statement?
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