Basics of Handling an Auto Accident Case

Transcription

1 Basics of Handling an Auto Accident Case Part I: Screening the Case Presenters Sidney E. Wheelan, Esq. Tyson Mutrux, Esq.

2 Outline A. Preliminary Investigation B. Highlights of the Typical Case C. The Mechanics of the Auto Collisions and Issues Relating to Accident Reconstruction D. Obtaining Information from the Roadway E. Examination of Vehicle Systems or Specific Parts F. Soft Tissue Injury Auto Accident Cases G. Early Discussions with the Insurance Company

3 Preliminary Investigation: Screening the Case What to Look For Potential Plaintiffs Potential Defendants Liability Aggravating/Punitive Factors Witnesses

4 Preliminary Investigation: Screening the Case What to Look For (continued) Type of Injuries Special Damages General Damages Financial Responsibility

5 Preliminary Investigation: Screening the Case Red Flags Minimal to no property damage Minimal to no medical care Multiple attorneys on the case Excessive medical treatment especially chiropractic No financial responsibility (no insurance or other financial backing) He said, she said accidents

6 Preliminary Investigation: Obtaining Information From the Client Intake packet should include Intake form Contact and personal information Employment information Details about the accident Insurance Information (health and auto) Medicaid or Medicare Recipient Medical history (past and present) Prior Claims Information HIPPA Release Lost Wage Verification Form Contract (Typically Contingency)

7 Preliminary Investigation: Screening the Client Set reasonable expectations don t promise anything Don t answer the How much is my case worth? question it s a trap Red Flags Pre existing injuries Serial claim filers Lawyer/fee shoppers Individuals that have had case turned down by other lawyers

8 Preliminary Investigation: Gathering Information Verify client s information Criminal history Civil lawsuits Past insurance claims Workers Compensation/Social Security Social Media Witnesses The scene of the accident

9 Highlights of the Typical Case Investigating Case Gathering information From client Police report Medical records and bills Determine need for IME Settlement demand Settlement/file suit

10 The Mechanics of Auto Collisions and Issues Relating to Accident Reconstruction Photograph the scene immediately (also use video, if possible) Skid marks, yaw marks and other roadway evidence fade with time Use of accident reconstructionist typically only used in serious accidents Engineers biomechanical engineers, civil engineers, traffic engineers

11 Obtaining Information From the Roadway Obstructions Visibility Surface Conditions Traffic Control Devices Use of accident reconstructionists For more information, see Killer Roads: From Crash to Verdict, Second Edition available through LexisNexis

12 Examination of Vehicle Systems or Specific Parts Getting the black box Event Data Recorders (EDRs) Preserve the evidence If necessary, hire an investigator Use of video and photographs Common problem areas Tires Seatbelt usage Air bag deployment Use of experts

13 Soft Tissue Injury Auto Accident Cases Injuries The necessity of documenting injuries Chiropractors to use or not to use Objective vs. Subjective injuries

14 Early Discussion With the Insurance Company Send your representation letter right away Protects your case Protects your lien Initial phone call a friendly introduction can go a long way Try to obtain the policy limits and the adjuster s authority Discussion about medical treatment