When a driver fails to take proper precautions behind the wheel and strikes another vehicle, injuries can result that changes a victim’s life forever. They may face substantial medical expenses, lost income and earning capacity, and costs for future medical treatment of therapy. We have advised and litigated claims involving several millions of dollars.
Many firms are limited in their strategy, looking only to the obvious culpable parties — the other driver(s). Our firm has significant experience exploring the viability of additional avenues of recovery, for example, pursuing professional negligence claims against design and engineering firms for the failure to properly design roadways, improper placement of a steel pole in a concrete traffic island, failure to remove a purported pedestrian crosswalk in a notoriously dangerous intersection, and failure to properly implement traffic management plans. /p>
We begin our investigation shortly after you retain our firm. Generally, the most important document early in your case will be the police report, which will provide details on the case and an indication of who was at fault.
The value of a personal injury case resulting from an accident is largely dependent on the extent of the injuries and subsequent medical treatment. Unfortunately, many of our clients have trouble finding a medical provider. We work with several medical providers in the area to ensure our clients get all the medical care they need and make sure they get the maximum value for their claim.
After we do our initial investigation, we will generally prepare and send to the defendant(s) a settlement demand. In this document, we provide a broad summary of our case and include a settlement offer. Ultimately, the Defendant(s) will decide whether they will settle the case, or force us to initiate formal litigation.
In the event we are unable to reach an agreeable settlement in the pre-litigation stage, we will then file a lawsuit. Where the case is filed will depend mostly on where the relevant incident occurred. The Defendant(s) will then be required to file their “Answer” to our lawsuit within a certain number of days.
After we file the lawsuit, the parties will engage in discovery. This is the phase of litigation where the parties will request and produce additional information (i.e. documents, videos, statements), as well as take depositions. The parties will also typically file motions during, or at the close of discovery, in an effort to resolve the case short of trial (i.e. motion for summary judgment).
The parties may also elect to engage in alternative dispute resolution, such as mediation, in an effort to get the case resolved.
After discovery ends, all motions are resolved, and the parties still do not have a resolution, the case will then move to trial.