How Injury Lawyers Build Strong Accident Cases
Request Free ConsultationWhen you hire a personal injury lawyer, much of the work that shapes your claim takes place behind the scenes. While you focus on healing, your personal injury attorney in St. George works to determine what happened and who is responsible. Each piece of evidence helps build a record of how the accident affected your health and ability to work. Careful preparation at every stage gives your claim a stronger foundation for pursuing fair compensation.
Step 1: Reviewing Your Accident and Identifying Who May Be Responsible
Every case starts with a close look at the facts. An attorney will review your account of the accident along with any documents you have, such as the police report, photos, and medical bills.
Liability, which means legal responsibility for the harm, may rest with more than one party. Depending on the circumstances, responsible parties could include:
- A driver who was speeding, distracted, or impaired
- An employer whose worker caused the crash while on the job
- A company that made a defective vehicle part
- A government agency responsible for an unsafe road
Finding every liable party matters because each one may have insurance or assets that can help pay for your losses. If a responsible party is left out of the claim, the share of fault assigned to them may go unpaid.
Step 2: Investigating the Crash and Preserving Key Evidence
Evidence from the investigation often reveals who is responsible, and each new party can point the investigation in a different direction. In addition to reviewing the police report, your lawyer may visit the crash site to take photos and measurements. A site visit can also reveal hazards that contributed to the accident, such as a blocked view or a missing stop sign.
Your attorney may also request certain records held by the other side, such as:
- Traffic camera footage
- Surveillance video from nearby businesses
- Dashcam footage
- Vehicle event data recorder information
- Cell phone records
- Photos of vehicle damage and road conditions
- Driver logs and maintenance records for commercial vehicles
Step 3: Documenting Your Injuries and Connecting Them to the Accident
Your medical records will show what injuries you suffered, how they were treated, and what your doctors expect going forward. An attorney will collect records from every provider involved in your care so that there are no gaps in your treatment timeline. A complete record makes it harder for the insurer to downplay your injuries.
These records can help establish causation, or the link between the accident and your injuries. The insurance company may argue that your injuries are pre-existing, or that you didn’t follow your doctor’s treatment plan. By keeping every appointment and following your treatment plan, you can counter these arguments. If you had a prior injury, records from before the crash can show how the accident made it worse.
Step 4: Gathering Statements from Witnesses Who Saw the Accident
People who saw the accident can give an independent account of what happened. A witness who watched a driver run a red light or look down at a phone before the crash, for example, can strongly support your version of events.
Memories can fade quickly after an accident, so an attorney will usually contact witnesses soon after. You can help by asking witnesses at the scene for their names and phone numbers before they leave. If you are unable to do this because of your injuries, your attorney can still find witnesses. Their names often appear in the police report. Your lawyer may also check with nearby businesses or residents who were in the area.
Step 5: Finding Experts to Provide Professional Analysis
Some questions in an accident case call for technical knowledge. An attorney may work with expert witnesses, or professionals who explain complex issues in plain terms for a jury. Common examples include:
- Accident Reconstruction Analysts: These professionals study vehicle damage, skid marks, and scene measurements to determine how a crash occurred.
- Medical Professionals: Doctors can explain your diagnosis and connect your injuries to the accident. They may also testify about your long-term outlook, including whether you will likely need future surgery or ongoing care.
- Vocational Experts: If your injuries keep you from returning to your job, a vocational expert can assess what types of work you can still perform.
- Life Care Planners: For serious or permanent injuries, a life care planner outlines the care and support you will likely need in the years ahead. The plan assigns a cost to items such as therapy, medical equipment, and home modifications.
Step 6: Calculating the Full Value of Your Losses
An injury can affect your finances and quality of life for years, which is why you need a fair settlement. However, calculating your claim’s value can be complex. You not only need to account for the costs you have already faced, but also for the expenses and losses you are likely to face in the future.
You can recover compensation for:
- Past and future medical expenses
- Lost wages and benefits
- Reduced earning capacity
- Property damage
- Permanent disability
- Disfigurement
- Emotional distress
- Loss of enjoyment of life
To reach a fair figure, your attorney will gather bills, pay stubs, and other records that document your financial losses. Medical opinions and expert analysis help estimate future costs.
Step 7: Presenting a Demand and Negotiating with the Insurer
Once the evidence is in place, an injury attorney will then send a demand letter to the insurance company. This document will outline how the accident happened, who is at fault, the injuries that you have sustained, and the compensation you are seeking.
The insurer may accept, reject, or counter this offer, which often starts a period of negotiation. Many claims settle during negotiations, but some insurers refuse to make a fair offer. Filing a personal injury lawsuit may then be the next step.
Let Our St. George Personal Injury Lawyers Start Building Your Case
Each step in this process builds on the one before it. However, the first step in building a strong claim is discussing your case with a St. George personal injury lawyer. Getting started early gives an attorney more time to investigate, document your injuries, and pursue the full value of your claim.
If you were hurt in an accident, don’t wait to seek help. A St. George car accident attorney can review what happened and explain your options. Schedule a free, confidential consultation today and take the first step toward building your case.