Gathering Evidence for Your Florida Car Accident Case

Navigating the aftermath of a car accident in Florida can be a daunting experience, especially when it comes to building a strong case for compensation. The process of gathering evidence is crucial in ensuring that your rights are protected and that you have the best possible chance of receiving the compensation you deserve. Understanding the types of evidence needed and how to collect them can make a significant difference in the outcome of your case.

The Importance of Immediate Action

The moments immediately following a car accident are critical for gathering evidence. This is the time when the details of the incident are freshest in your mind, and physical evidence is most likely to be intact. It is essential to remain as calm as possible and start collecting information right away. Your actions at the scene can lay the foundation for your case and help your attorney build a compelling argument on your behalf. Delaying this process can result in the loss of valuable evidence, making it harder to prove your claim later.

Documenting the Accident Scene

One of the first steps in gathering evidence is to document the accident scene thoroughly. Photographs and videos can capture the immediate aftermath and provide a clear visual record of the conditions that led to the accident. Use your phone or camera to take pictures of the vehicles involved, including their positions, damage, and any skid marks on the road. Document the surrounding area, including traffic signs, signals, and road conditions. Capture any visible injuries you or your passengers have sustained. These images can serve as powerful evidence when negotiating with insurance companies or presenting your case in court.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

Collecting Witness Statements

Witness statements are another critical component of your evidence collection. If there were any bystanders who saw the accident happen, try to get their contact information and a brief account of what they observed. Witnesses can provide an unbiased perspective that supports your version of events. It is essential to act quickly, as people’s memories can fade over time. When speaking with witnesses, be polite and respectful, and ensure that you accurately record their statements. Having a witness corroborate your story can significantly strengthen your case and lend credibility to your claims.

Police Reports and Medical Records

Official documents, such as police reports and medical records, play a vital role in establishing the facts of your case. When law enforcement arrives at the scene, they will create a report detailing their observations and any citations issued. Request a copy of this report as soon as it becomes available. It can provide an objective account of the accident and support your claim with the insurance company or in court. Similarly, medical records documenting your injuries and treatment are crucial. Seek medical attention immediately after the accident, even if you do not feel seriously injured. Some injuries may not be apparent right away, and having a medical professional examine you can ensure that all injuries are documented.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

Preserving Physical Evidence

Physical evidence from the accident can be critical in proving your case. This includes damaged vehicle parts, broken glass, and personal items that were affected during the collision. Preserve any items that were involved in the accident and avoid repairing or discarding them until your attorney advises you to do so. Physical evidence can provide tangible proof of the impact and severity of the accident, helping to substantiate your claims. Ensure that all items are stored safely and securely to prevent further damage or loss.

Obtaining Surveillance Footage

In today’s world, surveillance cameras are almost everywhere. It is possible that the accident was captured on video by nearby businesses, traffic cameras, or even residential security systems. Identifying potential sources of surveillance footage can be invaluable. Speak with nearby business owners or homeowners to determine if any cameras might have recorded the accident. If you find potential footage, request a copy as soon as possible. Video evidence can provide a clear and unbiased view of the incident — which can be pivotal in establishing liability and supporting your claims.

Consulting with a Legal Professional

While gathering evidence on your own is essential, consulting with a legal professional can significantly enhance your efforts. An experienced attorney can guide you through the process, ensuring that you collect all necessary evidence and avoid common pitfalls. Your attorney can also assist in obtaining testimony, accident reconstruction reports, and other evidence that may be beyond your reach. Legal professionals have the resources and experience to conduct thorough investigations and build a robust case on your behalf. By working with an attorney, you can ensure that your case is as strong as possible.

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Maintaining a Detailed Record

Keeping a detailed record of all aspects of your accident and recovery is crucial. Maintain a journal documenting your injuries, medical treatments, and how the accident has affected your daily life. Include any pain, discomfort, or limitations you experience as a result of the accident. This personal account can provide valuable insight into the impact of the accident on your life and support your claims for compensation. Additionally, keep track of all expenses related to the accident, including medical bills, repair costs, and lost wages. Detailed records can help ensure that you are fully compensated for your losses.

Dealing with Insurance Companies

Interacting with insurance companies can be challenging, especially when they attempt to minimize your claim. Be cautious when speaking with insurance adjusters and avoid giving recorded statements without consulting your attorney. Provide only the necessary information and let your attorney handle negotiations. Insurance companies may use your statements against you to reduce their liability. 

By allowing your attorney to manage communications, you can protect your rights and increase the likelihood of a favorable outcome. Your attorney can also help you understand your policy and ensure that you receive the compensation you are entitled to.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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Understanding Comparative Negligence

Florida follows a comparative negligence rule, which means that if you are found partially at fault for the accident, your compensation may be reduced by your percentage of fault. Understanding this principle is crucial when gathering evidence. Ensure that the evidence you collect clearly demonstrates the other party’s liability. Your attorney can help you navigate this complex legal landscape and build a case that minimizes your degree of fault. By presenting strong evidence, you can maximize your chances of receiving fair compensation despite the comparative negligence rule.

The Role of Medical Evidence

Medical evidence is one of the most compelling types of evidence in a car accident case. Detailed medical records, doctor’s notes, and opinions can illustrate the extent of your injuries and their impact on your life. Ensure that you follow all medical advice and attend all appointments. Consistent medical care not only aids in your recovery but also strengthens your case. Your attorney can help you obtain necessary medical documentation and testimony to support your claims. By providing thorough and accurate medical evidence, you can substantiate your injuries and the need for compensation.

Long-Term Impact and Future Damages

When gathering evidence, consider the long-term impact of the accident on your life. This includes future medical expenses, ongoing treatment, and any permanent disabilities resulting from the accident. Document how the accident affects your ability to work, your quality of life, and your emotional well-being. Future damages can be challenging to quantify, but thorough documentation and testimony can help establish their significance. Your attorney can assist in calculating these damages and presenting them effectively in your case. By considering the long-term impact, you can ensure that you receive compensation that adequately reflects your losses.

Securing Legal Representation

Having legal representation is invaluable when gathering evidence and pursuing a car accident claim. An attorney can provide guidance, resources, and experience that enhance your ability to collect and present evidence effectively. They can help you navigate the complexities of the legal system, negotiate with insurance companies, and represent you in court if necessary. 

Choosing the right attorney is crucial — look for someone with experience in car accident cases and a track record of successful outcomes. With the right legal representation, you can confidently pursue your claim and maximize your chances of a favorable result.

Final Considerations

Gathering evidence for your Florida car accident case requires immediate action, thorough documentation, and strategic planning. From the moment the accident occurs, every step you take can influence the outcome of your case. By collecting detailed evidence, maintaining accurate records, and securing experienced legal representation, you can build a strong case that supports your claims for compensation. The process may be challenging, but with the right approach and professional guidance, you can navigate the aftermath of a car accident and seek the justice you deserve.

Contact Serrano Law Today

If you have been involved in a car accident in Florida, do not hesitate to seek legal assistance. At Serrano Law, we are dedicated to helping accident victims gather the evidence needed to build a strong case. Our experienced attorneys will guide you through every step of the process, ensuring that your rights are protected and that you receive the compensation you deserve. Contact us today to schedule a consultation and learn how we can help you navigate your car accident case.