Legal Steps When Working Toward Settlement

Personal Injury Attorney explains legal steps of a car accident claim

Typically, the personal injury attorneys at Brooks & Crowley LLP take the following steps in an automobile accident case:

  1. Meet with and interview the client;
  2. Give the client an overview of the personal injury claim process;
  3. Give the client and overview of the claim and court process;
  4. Obtain written reports, such as the police report, medical records, and unemployment records;
  5. Investigate the claim, including speaking with witnesses, taking photographs of the scene and investigating the scene of the accident (potentially traffic videos);
  6. Analyze and explain the pros and cons of the claim;
  7. Review the client’s automobile insurance policy for coverages specific to client’s claim; Including collision, rental car, medical pay benefit, and medical bill coverage;
  8. Explain what the client can expect from the medical treatment process, such as the potential time frame for the duration of the claim;
  9. Once the client has completed treatment, assemble all necessary documents and submit a demand to the insurance company;
  10. Negotiate with the insurance company on the client’s behalf; and  
  11. If unable to reach a satisfactory settlement, prepare the case for litigation in court.

Legal Steps When Working Toward Trial

The ultimate decision on whether to file a lawsuit or not belongs to the client. We meet with the client to make sure they understand both the benefits and the risks. Once the case goes to court, they could get a bigger settlement, the same amount, a smaller settlement, or even potentially nothing. With the client’s approval, we:

  1. Prepare the complaint and the pleadings for a lawsuit;
  2. File with discovery, such as requests for production of documents and interrogatories from the plaintiff to the defendants;
  3. Assist the client in preparing answers to interrogatories and discovery documents sent to us from the other side;
  4. Prepare the client and witnesses for their depositions;
  5. Conduct deposition of necessary witnesses to the case, and also for updated medical records and bills to submit the damages;
  6. Conduct depositions of the defendant, insurance company’s expert or any other defense witnesses;
  7. Research relevant legal issues that may affect the case;
  8. Coordinate insurance benefits regarding the medical bills related to the case;
  9. Address any medical liens;
  10. Negotiate with the lawyer for the insurance company as well as the insurance adjuster assigned to the case;
  11. Meet and prepare all witnesses for trial;
  12. Prepare the file all exhibits and motions for the trial; and
  13. Conduct the trial before a jury or judge sitting without a jury.

Obtaining a Personal Injury Lawyer Near You Makes Everything Easier

If you are considering bringing your car accident claim to your local injury attorney, they will certainly be able to assist, but contact them fast! The longer you wait to act, the harder your case may be to handle. Brooks & Crowley LLP has offices in DedhamBoston and Norwell, serving the Eastern Massachusetts region.

Neil P. Crowley
Personal injury attorney for vehicle and construction accident, premises liability and wrongful death cases.