Tasks for You and Your Attorney After a Car Accident
Immediate Aftermath of a Crash
Your lawyer may not be at your side at the scene of a collision, but there is plenty you can do to help with your claim. The first priority is to call 911 and get proper medical care, which is important for your legal rights and your health. Depending on whether you need to leave the scene for treatment, you may be able to perform other essential tasks:
- Exchange contact, insurance, and driver’s license information with the at-fault motorist.
- Grab your cell phone to take pictures of the intersection, stretch of road, damage to vehicles, your injuries, and other relevant details.
- Do not engage in conversations about fault, causes, and contributing factors in the accident.
- Contact an attorney to assist with the next stages of the legal process after a car collision.
Auto Accident Investigations
Once you have legal counsel on board, you have access to a wide array of investigation resources to conduct a thorough probe of the crash. Your lawyer might be able to obtain surveillance video of the scene, police reports, toxicology details, phone records, and many other details to help prove fault. Attorneys also work with experts for investigations, including medical professionals, accident reconstruction specialists, and financial analysts.
You can assist with the investigation phase by continuing with medical care and following doctor’s orders – primarily to avoid allegations that you were not hurt badly. It is also helpful to start a journal about your experiences as you recover from your injuries.
Filing an Insurance Claim
The whole point of conducting an investigation is to gather evidence necessary to prove negligence to the at-fault driver’s insurance company. You will need to file a claim with the insurer and demand payment for your losses, which means you must provide:
- Your medical records showing diagnosis, treatment, prognosis, and physical limitations;
- Information regarding lost wages, such as pay stubs and tax records;
- Evidence showing how the other motorist failed to exercise reasonable caution while driving; and,
- Proof that you were NOT negligent, since Maryland’s contributory negligence rule bars compensation if you were also at fault.
Your lawyer will take the lead in dealing with the insurance company, including preparing all insurance claims forms, submitting supporting documents, and discussing details with the claims adjuster.
Settlement Negotiations
After forwarding all claims documentation, your attorney and the insurance company will likely talk about settlement options. You might have solid evidence of fault and sufficient information about your losses, but insurance companies are stingy. They train their employees to find ways to deny or justify a lowball counteroffer to settle, since paying your claim represents a loss. The insurer might even try to pin blame for the accident on you, which puts your compensation at risk given the contributory negligence law in Maryland.
Experienced lawyers know what amount is fair and reasonable for settlement purposes, so your attorney will not accept an offer that is insufficient to cover your losses. During negotiations, you can support your interests by carefully reviewing offers, comparing them to your losses, consulting with your lawyer, and managing expectations. If the insurance company refuses to pay fair compensation, the next step is going to court.
Litigation
When settlement discussions break down, your attorney may file a lawsuit in court to get the monetary damages you deserve. Tasks will typically include:
- Drafting the complaint to initiate litigation;
- Serving the defendant with the complaint and supporting documents as required by law;
- Attending all court hearings and status conferences;
- Pursuing motions in court, such as requests related to evidence;
- Defending motions filed by the defendant, particularly motions to dismiss the case;
- Handling and proposing discovery requests, such as written interrogatories, requests to admit facts, and requests for production of documents;
- Presenting you at a deposition and calling the at-fault driver for a deposition; and,
- Representing you at trial.