Evidence in Maryland Car Crash Cases

A personal injury victim has the burden of proof to establish negligence, or a lack of care. This burden is a double burden. The victim/plaintiff has the burden of proof to establish the legal elements of a negligence case. A victim/plaintiff also has the burden of persuasion, which is convincing jurors to award maximum compensation. Additionally, this proof must be strong enough to withstand comparative fault and other common insurance company defenses.

Because evidence is such an important part of a personal injury case, the Calvert County, Maryland car accident lawyers at the Law Office of Robert R. Castro always hit the ground running when it comes to evidence collection. Over the years, we have developed proven methods in this area. We also know how to effectively present evidence in court to maximize its effect. This maximization usually means fair compensation for your serious car crash injuries. This compensation usually includes money for economic losses, such as medical bills, and non-economic losses, such as pain and suffering.

Police Report

The official accident report is often the most important bit of evidence in a Maryland car crash claim. This report could also be the most misleading bit of evidence.

An official accident report is admissible evidence in civil court. Additionally, the report often lists witnesses, giving a St. Mary’s County, Maryland car accident lawyer a head start on an investigation.

However, these reports are often incomplete or inaccurate. If the victim died or suffered catastrophic injuries, as is frequently the case in these matters, the police officer only heard the tortfeasor’s (negligent driver’s) side of the story. Additionally, even the most experienced emergency responder is not an accident reconstruction engineer. 

So, the police report, while valuable, is almost never enough to meet the burden of persuasion and obtain maximum compensation. 

Witness Statements

Some witness statements, or at least contact information, are in the police report. However, for various reasons, most people do not loiter at accident scenes and give official statements to police officers. Furthermore, if the crash occurred at night or on a highway, few or no witnesses might come forward.

As part of an investigation, an attorney finds additional witnesses. Many people are not willing to talk to police officers, but they are willing to talk with a victim’s attorney. Even if the witness only saw part of the accident, that witness might provide the vital missing piece of the puzzle.

Medical Records

Only medical records establish the cost of medical treatment, which is usually the largest component of economic damages in a car crash claim.

Usually, however, these records do not include treatment notes that indicate the victim’s pain level or state of mind at particular times, especially after hospital discharge. Typically, an attorney partners with an independent doctor who reviews the bills and fills in the gaps in this area.

Sometimes, the doctor goes the extra mile and examines the victim. This examination is important for both legal and medical reasons. A well-qualified doctor, such as a Board-Certified specialist, is better positioned to diagnose and treat injuries than a family practice or ER doctor.

Reach Out to a Savvy Calvert County Lawyer

Injury victims need and deserve substantial compensation. For a confidential consultation with an experienced personal injury lawyer in St. Mary’s County, Maryland, contact the Law Office of Robert R. Castro, 11701 Central Ave Suite 200, Waldorf, MD 20601. Call us at (301) 870-1200 or go online now.

This article has been provided by the Law Office of Robert R. Castro. For more information or questions, contact our office to speak to an experienced lawyer at (301) 870-1200.