Delaware Car Accidents: Keeping Good Records May Result In Higher Damage Awards

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Feb 18, 2020

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Can keeping better records of your car accident actually result in higher damage or settlement awards? It absolutely can, according to James Folsom, a Delaware attorney with over 30 years experience whose practice focuses on personal injury claims. Here’s what he told us in a recent interview:

I’d say that in at least half of all the accident cases I’ve witnessed in court, at least half of the witnesses don’t remember exactly what day the accident happened. They say, ‘I remember it was in the winter and I think it was on a Saturday, but I don’t remember the date exactly.’ Well, your witnesses will sound much, much better when they say, ‘Oh, it was the 3rd of September at 6:00pm.’

Those people come up more credible and more accurate – and not just for court purposes, but also for settlement purposes. So, when you go to an insurance company and tell them what you want and they claim that it didn’t happen then, you can show that it did happen on this particular day, at this particular time and have pictures of the accident that show what damages occurred.

A picture is worth 1,000 words

Folsom says that a picture can be worth 1,000 words. He advises clients that if they’ve got a camera with them, they should go ahead and take a picture not only of the damages, but of the other person’s car as well. He explained, “Take a picture of the other person’s total car so that if they’re alone in the car, the pictures will show that they’re alone. So, if they try and bring in somebody else to say, ‘Oh, I was a passenger in that car and he ran a stop sign,’ you can show the pictures and say, ‘No, there wasn’t any passenger in that car.’ You’ve got to think about those things when you’re out there. These are things that we lawyers look at and know when we go to court, but like I said, I want to advise your audience of these things.”

If you’ve been injured in an auto accident, contact an experienced auto accident attorney to discuss your situation and evaluate your options. Consultations are free, without obligation and are strictly confidential.

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