The modern auto accident attorney has to employ a wide variety of tools in order to obtain favorable results for those they represent. In addition to obtaining the basic information about the accident from the client, the lawyer must access official records, such as police reports and photos, contact insurance carriers, medical professionals and other experts, and research the applicable laws.
Presenting a successful case is much like building a structure. Laying a strong foundation, having a cohesive blueprint, and then executing the plans are all essential elements that a legal practitioner must complete. When experience and skill are applied, the output is usually favorable.
Steps In Successful Representation
An experienced auto accident attorney has a detailed checklist that provides a roadmap in the preparation of the case. This roadmap starts with the initial client interview and ends with the successful conclusion of the matter. There are four major areas that are the focus of any motor vehicle lawsuit:
Investigation And Causation – After meeting with the client, the lawyer will begin to investigate the various facets of the case. Obtaining official records, such as police reports and photographs, obtaining the name of potential witnesses, and identifying potential defenses are all part of this process.
During this phase, incident reconstruction experts may also be consulted. By understanding how the sequence of events may have occurred and matching that with clients' statements and official reports, the legal practitioner is able to evaluate the likelihood of success at trial and to foresee potential impediments to a successful prosecution of the client's interests.
Legal Analysis And Damages – After doing due diligence concerning the circumstances surrounding the event and developing a theory (or theories) concerning the cause, the auto accident attorney will apply the factual scenario to the applicable law in the jurisdiction to build the legal statements that could be presented during a trial.
Developing a list of damages, both personal and to property, will also take place at this stage. Elements of recovery could include past, present, and future medical bills, estimates to repair the vehicle, lost present and future wages, and loss of consortium (the companionship of a spouse / family member). These elements may also be affected by statutory language.
Litigation And Negotiation – After the suit is filed, the discovery process may be the most critical step in bringing matters to a resolution. Written questions, known as interrogatories, depositions of the parties, and exchange of reports give the practitioner the opportunity to establish the opposition the strength of the case and the potential risk of taking the matter to trial.
It is during this phase that negotiations to resolve the claims play a major role. The key for any litigator is to present a convincing argument as to why it is more beneficial to settle things before presenting the case to a trier of fact. Measuring the costs of a trial and the potential of a favorable sentence for plaintiffs often are the most potent arguments to reach an accord.
Resolution – For the modern auto accident attorney, resolving a case before trial is the ultimate goal in terms of making the client whole while reducing costs. If settlement does not occur, the legal professional must then be prepared to successfully litigate the matter in court in order to achieve the desired result.
Investigative skills, legal analysis, utilizing experts, and being an effective negotiator are all required by counsel underlining representation where motor vehicles are involved in incidents that bring harm to clients.
