Car Accident Lawyer Services

What services should you expect from your car accident lawyer?

Here is my list of the services your car accident lawyer owes you. To make the list easier to follow, I have divided the services into categories which are, essentially, in chronological order.

Initial Services

❏ Conduct an initial interview with you to learn about and evaluate the strengths and weaknesses of your case.

❏ Answer all of your questions and educate you about the car accident claims process.

❏ Fully explain the written agreement for services before you sign it. Give you a copy of the agreement.

Investigation and Evidence Gathering

❏ Gather documentary evidence about how your accident happened, such as the police report if one was prepared.

❏ Review your health insurance coverage, if you have any. Determine whether your health insurance company, or welfare benefit plan, is entitled to be repaid for any medical bills it pays.

❏ Analyze your car insurance policy to determine whether you have coverages that will pay any of your medical bills (or lost income) while your claim against the other driver is pending.

❏ Make suggestions for any car insurance coverages that you should purchase for future protection.

❏ Interview witnesses to determine how your accident happened. If appropriate, get written or recorded statements from the witnesses.

❏ Collect other evidence, such as photographs of the accident scene.

❏ Engage any necessary expert witnesses, such as an accident reconstruction expert.

❏ Prepare legal authorizations for your signature so that copies of your medical and employment records can be obtained.

❏ Obtain copies of your medical records to understand your condition.

❏ Get copies of your medical bills.

❏ Obtain documentation of your lost income.

Dealing with Your Insurance Company

❏ Assist you in arranging to have your car repaired and in getting a rental car while your car is unavailable to you. You may have a choice of having your car repaired by your insurance company or by the other driver's insurance company. Click here to learn more about having your car damage repaired.

❏ Assist you in submitting claims to your insurance company, such as PIP claims. Click here to learn more about making no fault claims against your insurance company.

Dealing with the Opposing Insurance Company

❏ Contact the insurance company for the at-fault driver and put it on notice of your claim.

❏ Assist you in arranging to have your car repaired and in getting a rental car while your car is unavailable to you. You may have a choice of having your car repaired by your insurance company or by the other driver's insurance company. Click here to learn more about having your car damage repaired.

❏ Decide, with you, whether to try to negotiate a settlement of your injury claim or whether to file suit in court without attempting negotiations.

❏ If an attempt will be made to settle out-of-court . . .

❏ Prepare a thorough "Settlement Letter" or "Demand Letter" that describes and documents the cause of your accident and all of your resulting injuries, losses and damages.

❏ Review the Settlement Letter with you before it is sent to make sure that it is factually correct and that you approve the positions taken on your behalf.

❏ Negotiate with the insurance adjuster to obtain the best possible settlement offer.

❏ Analyze settlement offers that are made and advise you. Only you, however, can agree to accept a settlement offer.

Meeting Deadlines

❏ If required by law, give appropriate notices of your claim to potential defendants. A common example of this is suits against governments. Such claims usually require that an early notice of the claim be given to the governmental body in a statutorily specified way.

❏ Make sure that the case is settled or filed in court within the Statute of Limitations.

Filing Suit

❏ Prepare the initiating paper, usually called a Complaint, and do the other things necessary to file your case.

❏ Arrange to have the suit papers "served" on the defendant(s).

❏ Prepare and send written Interrogatories (questions) to those you have sued.

❏ Prepare and send a request that those you have sued produce relevant documents.

❏ Take a deposition of those you have sued, if appropriate.

❏ Take depositions of witnesses, if appropriate.

❏ Assist you in answering Interrogatories that will be sent by the defense lawyer.

❏ Prepare a response to the defendant's request that you produce relevant documents, such as copies of your medical records and bills and, if you claim a loss of income, your tax records.

❏ Prepare you in advance for your deposition that will be scheduled by the defense lawyer.

❏ At your deposition , make sure that all rules are followed and that you are treated fairly by defense counsel.

❏ Prepare you for a defense medical exam (DME), if one is scheduled.

❏ File any necessary pre-trial motions.

❏ Defend against any motions filed by the defense.

❏ Do necessary legal research.

❏ Comply with all court rules and deadlines for conducting pre-trial procedures.

Alternative Dispute Resolution (ADR)

❏ If the case is referred to mediation , prepare for the mediation.

❏ Conduct the mediation.

❏ If arbitration is agreed upon, prepare for the arbitration.

❏ Prepare and present your case to the arbitrator.

Trial

If you case does not settle and is going to trial, you lawyer will do these things . . .

❏ Prepare your testimony.

❏ Prepare the testimony of all of your witnesses.

❏ Organize and prepare exhibits that will be introduced at trial.

❏ Prepare to cross-examine the witnesses that the defendant will call.

❏ Prepare for the jury selection process.

❏ Prepare jury instructions to request that the judge give to the jury at the end of trial, so that the jury will know the law that supports your claim.

❏ Prepare an Opening Statement.

❏ Prepare for any anticipated legal issues that will come up during the trial.

❏ Research any evidentiary issues that are expected to come up at trial.

❏ Prepare a Closing Argument.

❏ Conduct the trial.

Post-Trial

❏ Analyze the jury's (or court's) verdict to determine if either side has good grounds to appeal the case.

❏ Make recommendations to you for whether to appeal the case.

After Resolution, either by Settlement or Trial

❏ Determine the validity of any liens or claims on your recovery. Doctors, hospitals, health insurance companies, disability insurance companies, workers compensation insurance companies, welfare benefit plans, government programs and employers may claim that they are entitled to part of your recovery.

❏ If appropriate, negotiating with those with claims against your recovery to determine whether they will reduce their claims. (If your claim is settled, these negotiations will usually occur before the settlement is finalized.)

❏ Assist you in paying your obligations to those who have a valid claim against your recovery.

Overall

❏ Report to you regularly to keep you informed of the status of your claim/case.

❏ Give you copies of all important documents sent or received in your case.

❏ Answer your questions.

❏ Respond promptly to your calls and emails.

❏ Constantly evaluate and re-evaluate your claim as it develops and advise you accordingly.

Your lawyer will not have to perform all of these services in every case. Which services are required in your case will depend on the facts of your case and on how it is resolved, by settlement, through ADR, or at a trial.

While it does not include absolutely everything that your lawyer may have to do while representing you, this is a fairly complete list.

Therefore, if you are representing yourself, you can use this as a checklist of the things that you must do.

Click here to go from this discussion of car accident lawyer services to a general discussion of hiring a car accident lawyer.