The collection of evidence in Manchester car accident cases is extremely important to the outcome of a claim. Therefore, it is crucial to seek the services of a diligent attorney for help during the investigation process. They could assist you in obtaining key evidentiary documents and using this information to strengthen your claim.
Types of Evidence
Before filing a claim, Manchester attorneys gather evidence for car wreck cases by obtaining a copy of the police report and visiting the scene to see for themselves how the accident happened. If there are surveillance traffic cams available, a legal representative also may subpoena that footage to establish if there is any evidence on this film that could help build their case.
If there were serious injuries involved, an attorney may make requests to medical providers, which allows them to see the hospital accounts, the documents reporting the claimant’s injuries, and what treatments they received immediately after the accident.
Overall, the type of evidence needed varies depending on the circumstances of the case. For instance, if the accident was a drunk driving incident, some FOIA requests could be made to obtain dashcam footage of the defendant to determine if they were given field sobriety tests. In this situation, legal counsel also may want to obtain the results of these tests the demonstrate the opposing party’s blood alcohol levels.
Process for Collecting Proof
The process for gathering evidence in a car accident case depends on from whom the evidence is being collected. Attorneys must obtain written authorization from the claimant to get their medical records directly from their health care providers. Often, the plaintiff must sign a release form authorizing attorneys to go to the providers and collect that information.
This process could take a few weeks, depending on who the provider is and how quickly they respond to those requests. Petitions for copies of an officer’s report also are made directly from the law firm to the police department. Lawyers may receive these within a few days, but the police officer has a lengthy amount of time to complete the report. Therefore, the report may not be immediately available after the accident.
The Length of the Investigation Process
Generally, the length of the process for collecting proof in a Manchester car accident claim depends on a variety of factors. If an injured party has a long period of treatment after their accident or if they are going to be in physical therapy for an extended period of time, for example, a lawyer may want to ensure that the claimant completes that course of treatment before they close the investigation phase.
In a straightforward case with minimal treatment, usually within a few weeks from the completion of the police report and the final date of treatment, a legal professional would have a complete case ready to file. Overall, it is a bit of a process to gather these records because sometimes this information is not collected on the same date.
What Happens After an Attorney is Done Collecting Evidence?
After an attorney collects all of the necessary evidence, the steps they must take before presenting in court are sending a letter of demand to the insurance company, letting them know that there is a claim, and asking for a specific amount of money to settle. Then, the insurance companies would review the records and decide whether they want to accept that offer, make a counteroffer, or proceed to litigation.
If the cost of the injuries exceeds the amount of insurance available in the case, a skilled lawyer may attach the assets of the defendant and freeze them pending judgment. These actions allow for additional money to be available and secured so that the defendant does not transfer assets, get rid of them, and avoid paying the judgment.
Contact an Attorney to Discuss Evidence in Manchester Car Wreck Claims
The evidence gathering process is important and requires a complete list of all treatments and providers. This gives a lawyer the information they need to request medical records. The more that a claimant can remember about where they went, what they saw, and who they saw, the better. To learn how an attorney could help you gather evidence in a Manchester car accident case, call today.
