After an accident, your personal injury attorney is a key resource in getting the compensation and assistance you need to fully recover. As they begin to work on your case, though, what exactly will they do? How do they build a case that will win either through negotiation or in a trial?
Here are a few key steps your legal team will likely take.
1. Interviewing You
The first step in any case is usually meeting with you, the victim. Your legal team needs to understand what happened as fully as possible.
The majority of these interviews will be focused on what you remember from the accident and what witnesses or evidence you already have. However, they will also want to know about anything which may be used against you so they can prepare a defense.
2. Obtaining Medical Documents
To win a personal injury lawsuit, you must prove that you were harmed and that the defendant's actions caused that harm. Much of the basis for these will come from medical records and documentation of your injuries (and ongoing treatment).
Not only do medical records show what happened after the accident, but they also show what your medical condition was prior to it. These records should also include bills and expenses paid.
3. Locating Witnesses and Evidence
Civil lawsuits generally require the jury to find for the plaintiff through 'a preponderance of evidence' or 'clear and convincing evidence'. You obtain these by putting together the best combination of eyewitnesses, physical evidence, photos, and video evidence possible.
Your attorney will start with what evidence you have, then add to it based on their access and experience.
4. Working With Experts
Expert witnesses are a common part of most personal injury trials. Expert witnesses come in many varieties, including accident reconstruction experts, medical or psychological experts, auto mechanical experts, forensic accountants, and more.
A good injury attorney will have a network of experts upon which they can call and who have been previously vetted for suitability in a court setting.
5. Evaluating the Case
Finally, the legal team will evaluate the strength of your case based on what they have gathered and their expertise. They will likely recommend your next move — such as negotiation, mediation, or open trial — to reach your goals.
They will also help you understand what you're getting into so you're prepared for the process. Ultimately, though, you make the final decisions about your own case.
Where to Start
Want to know more about how an attorney investigates and builds a personal injury case? Contact a personal injury lawyer today to learn more.Share