How a Car Accident Attorney Prepares Your Case

An attorney’s efforts begin many months before a courtroom hearing or settlement negotiation. The preparation for a car accident lawsuit is an intensive process involving a thorough investigation of the accident, detailed documentation of all aspects of the case, and the development of a legal strategy to win the case. Every stage of an attorney’s […]

An attorney’s efforts begin many months before a courtroom hearing or settlement negotiation. The preparation for a car accident lawsuit is an intensive process involving a thorough investigation of the accident, detailed documentation of all aspects of the case, and the development of a legal strategy to win the case. Every stage of an attorney’s preparation will be designed to shield the client from the strategies employed by the insurance company and opposing counsel.

1. Evaluate the Facts of the Case

The attorney will also evaluate any medical documentation provided by physicians regarding the extent of the physical and emotional harm sustained from the accident. When assessing the case, the attorney will examine police reports and witness statements to determine whether factors such as negligence, distracted driving, or mechanical malfunction contributed to the accident. The attorney will use these evaluations to determine the most effective course of action to pursue and to estimate the amount of damages that the client may receive.

2. Gather Evidence

After a crash, all the evidence gathered by the attorney will help substantiate the facts of the case. For instance, the attorney will obtain the police report to confirm the findings of law enforcement and to identify any discrepancies between the police report and the attorney’s own investigation. The attorney will also collect photographs of the accident scene, videos of the crash, and vehicle inspection reports to document the damage to the vehicles involved.

3. Use Expert Witnesses

Expert witnesses are employed by the attorney when there are issues surrounding the accident that are technical or scientific in nature. Medical experts can help establish what the long term injury impact was for the client. Financial experts can be employed to determine how much money the client will lose through missed work and future medical costs as a result of their injury. Using an expert witness helps add credibility and clarity to the issues that are being brought before judges, which makes the case easier to present.

4. Handle Correspondence with Insurance Companies

Insurance companies have vast experience with settling claims, so the attorney must handle all correspondence with them.  That way, the client will not unintentionally jeopardize the litigation with their statements. Once the attorney receives an initial offer from the insurance company to settle the case, the attorney will compare that offer to the estimated value of the case and reject any offers that significantly undervalue the client’s claim.

5. Prepare and File Required Documents

Car accident lawsuits require the attorney to adhere to specific time limits and procedures. The attorney has to draft complaints, petitions, motions, and other legal documents with references to the applicable statute and regulation. If any of these required documents are omitted, the case could be dismissed or delayed.

6. Prepare for Trial

Should negotiations with the defendant’s insurer fail, the case will proceed to trial. Before going to trial, the attorney prepares opening statements, gathers evidence to be used in court, rehearses the testimony of the client’s witnesses, and anticipates the defendant’s arguments and develops counterarguments based upon the evidence.

7. Develop a Legal Strategy

Every successful lawsuit is built around a coherent legal strategy. The attorney must first decide which theory of liability to pursue — did the defendant cause the accident through their own negligence, or did the accident happen due to the mechanical failure of one of the parties’ vehicles, or through the defective design of the roadway.

Key Takeaways

•       A car accident attorney begins preparing by evaluating the facts of the case to determine who was responsible for causing the collision.
•       Collecting evidence and having expert witnesses testify creates a strong factual basis to support the client’s claim.
•       Negotiating with insurance companies in a manner that prevents the client from being taken advantage of or misrepresented.
•       Properly documentation and filing will protect the legitimacy of the client’s claim.
•       Carefully preparing and strategically planning for trial increases the likelihood of obtaining a positive outcome.