How to Conduct Thorough Fact Investigations in Personal Injury Cases

In personal injury cases, a fact investigation is the essence of the case. The result of this meticulous process can provide the proof required to support assertions and expose the weakness in rebutting arguments. In another blog, we discussed using case law to bolster personal injury claims. Joining crucial ingredients - fact investigation and case law—results in a strong scaffold of success in your personal injury practice. This blog post will examine how to perform an exhaustive fact investigation in a personal injury case.

Step 1: First Client Interview

The investigation begins with the first client interview to collect the primary information regarding the incident. This helps establish the investigation process by selecting the culprit.

• What to Include:
  • Incident Particulars: Inquire about the customer's information, such as when it happened—date/time/place.
  • Chronology of Events: A chronological listing of the events leading up to, during, and after the incident.
  • Injuries and Medical Attention: Record the injuries sustained, if any, and medical attention that occurred not long after the incident.
  • Name and Contact Info of Witness: If other people were in the vicinity at the time or if someone has more information about what happened, include this as well.
  • Document Everything: Any documents such as medical records, police reports, or photographs the client may have.

Step 2: Investigate the Scene

Visiting the scene where an incident occurred can reveal insights and evidence that aren't apparent over a second-hand description.

• Procedures:
  • Photograph and Record: Take full pictures and videos of the scene from all sides. Note hazardous conditions, such as wet floors, defective stairs, or inadequate lighting.
  • Measure: Measure accurate measurements in relevant areas, such as distances between objects, object heights or obstructions, and surface gradients.
  • Environmental conditions: Document the weather and lighting that made this occurrence possible. Make A Diagram: Make a detailed location diagram and take pictures of this scene.

Step 3: Witness Interviews

Witnesses can be invaluable in supporting (or refuting) your client’s version of events and providing a different view of the incident.

• Interview Techniques:
  • Locate Witnesses: Your first client investigation and scene examination is where you will determine potential witnesses.
  • Seek immediate interviews, including with witnesses whose memories are still fresh. Ask open-ended questions that require an elaborate answer.
  • Record Statements: Record their statements in detail with the witness's consent. Have them sign their reviewed statements to ensure accuracy.

Step 4: Evidential Collection and Preservation

Proper evidential collection and preservation of the evidence are essential to strengthen your case and stay tidal in court.

• Key Evidence Types:
  • Physical Evidence: Collect physical evidence associated with the incident, such as defective products, clothing, and debris from the scene.
  • Written evidence: Collect medical records, police reports, accident reports, and insurance correspondences.
  • Digital Evidence: Compile digital evidence such as surveillance footage, photos, or social media posts that corroborate or provide more information about your client's version of events.

Step 5: Medical Records and Expert Testimonies

Medical records and expert testimonies will help prove the types of harm your client sustained and its impact on their life.

• Steps to Follow:
  • How to get medical records: First, ask for your client's complete medical records from any healthcare provider who provided treatment.
  • Seek Medical Opinions: Retain medical professionals to evaluate the records with an expert opinion on the type and extent of injuries suffered.
  • Expert Testimonials: These experts can help your client testify on the causation and future consequences of their injuries of their injuries, solidifying the connection between their suffering and current state.

Step 6: Review the Evidence

The final step is to thoroughly review the evidence obtained to understand your case's strengths and weaknesses.

• Analysis Techniques:
  • Chronological Timeline: A substantive timeline based on the evidence, identifying inconsistencies or gaps.
  • Case Law Comparison: Finally, you should be able to compare the facts of your case to whatever relevant case law was discussed in the previous blog. This will be useful in creating arguments rooted in legal precedent.
  • Find Trends: Patterns or repetitive factors indicating negligence or liability.

Step 7: Litigation or Settlement Preparation

After completing the fact investigation, it's time to prepare for either litigation or settlement negotiations.

• Steps to Preparation:
  • Case Strategy: Based on your analyzed evidence, how will you try your case? Case analysis and relevant legal research often lead to a clear case strategy.
  • Settlement Negotiations: Draw on the evidence and applicable case law collected to negotiate a fair settlement with the other side.
  • Trial Prep: If the case goes to trial, arrange all discernment and ensure proper witness and expert statements are turned in to explain this to a judge.

A profound fact investigation is necessary for creating a compelling personal injury case. Attorneys compile all available evidence studied meticulously, interview witnesses, and relate the facts to relevant case law to construct a persuasive storyline that underpins their client's claims.

This wraparound practice increases the chance of a positive outcome and achieves fairness. As we wrote in our last blog, doing a complete fact-driven investigation along with using case law strategically is what makes a robust personal injury practice.

If you are looking for virtual assistants who could help you ace your legal business, reach out to us at https://thealliedoutsourcing.com/contact/