The Auto Accident Attorney Uses Multiple Disciplines To Help Clients
The Auto Accident Attorney Uses Multiple Disciplines To Help Clients
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 outcome 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, getting the name of potential witnesses, and identifying potential defendants 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 arguments that could be presented during a trial.
Developing of 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 impacted 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 to 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 verdict 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 disciplines required by counsel undertaking representation where motor vehicles are involved in incidents that bring harm to clients.
Been In A Car Crash That Wasn't Your Fault? Auto Accident Attorneys Can Help
Although modern automobiles are safer than ever, massive manufacturer recalls are not at all uncommon. In April of 2013, four major automakers recalled 3.4 million passenger vehicles because they had defective airbags that caught fire once engaged. Fortunately, no deaths or even injuries were attributed to these faulty airbags. But, as carmakers have learned in recent years, it's always better to be safe than sorry.An automotive defect resulting in death or permanent injury can give rise to class action lawsuits filed by auto accident attorneys that can cost a carmaker hundreds of millions-even billions-of dollars. One of the world's largest automakers just recently announced it had resolved a slew of lawsuits alleging "unintended acceleration" for $1.1 billion!
Huge recalls not only hurt the bottom line, they also attract unwanted attention and bad publicity that can actually be more costly to an automaker in the long run. Despite its size, the aforementioned automaker has suffered public relations disaster after disaster in recent years. You can only imagine, then, how well a smaller carmaker would fare in the courts. Of course, that does not mean these cases are always a slam dunk.
The Costs
Automotive defect cases can be extremely complex and enormously expensive. An attorney must demonstrate that a specific manufacturing error resulted in injury and/or loss to the plaintiff. To do so, they must order a series of automotive tests in order to rule out other reasonable causes. For instance, if you were injured after skidding into a tree because your tires were bald or worn out, your injuries are not the manufacturer's fault. Only collisions that are the direct result of a specific defect that was present when the car left the factory floor can be used as proof of negligence.
Common Cases
By federal law, all cars and trucks that are sold in the U.S. must meet basic safety standards. Carmakers are also required to take necessary and reasonable precautions in the development and design of their vehicles. In most of the accidents that have been attributed to vehicle defects, the driver and passengers had no prior knowledge that anything was wrong with the automobile. It was only after they consulted a specialist, typically an automotive engineer, that they discovered a defect was to blame for their accident and injuries.
In most cases, the faulty part is actually a safety device, such as an airbag, seatbelt, or bumper. Bad tires are also quite common and can result in rollovers, slippage, and hydroplaning. Because these cases are quite complex, only a small fraction of auto accident attorneys have the experience needed even to investigate them, let alone to bring them to court.
Finding A Lawyer
In addition to being a skilled litigator, a good car defect attorney may have professional contacts in the science industry, or at least know how to work with forensic experts. After all, these cases are based almost entirely on scientific evidence. The forensic scientist and the automotive engineer often work together to recreate the scene of the accident, which can help establish legal liability.
While they don't have to be Sherlock Holmes, these attorneys must at least know how to examine forensic reports and interview scientific experts. These are skills that only experienced personal injury lawyers possess, since they take years to hone. As a result, you should always search for someone with vast experience in this sought-after legal specialty.