The Importance of an Immediate Investigation in a Personal Injury Case

By Dallas Personal Injury Attorney on January 19, 2015

If you were injured in an accident, it is important that you know that the immediate investigation of a personal injury case cannot be overemphasized. The investigation aspect of a case is the foundation for which the case results are built, and trying to settle a case without the proper investigation and preparation would be foolhardy.

One of the most common mistakes made by personal injury attorneys is to wait until the last minute to prepare a case for settlement, or worse, for trial. Whenever you are injured in an accident, not only do you want to hire an attorney right away, but your attorney must begin the investigation immediately after accepting your case.

In all actions, the likelihood of getting favorable information for the client is greater at the beginning of a case than it is as time passes. Eyewitness information is much sharper shortly after an accident and their memories fade as months or years go by. What’s more, witnesses are more comfortable about reflection of the facts close to the time of the accident.

In order for an expert to accurately perform a reconstruction, they must have the physical evidence available for an expert review. A delay in retaining an accident reconstructionist usually means that the physical evidence is no longer available – this alone speaks volumes.

We recommend taking a look at it this way: every case must be investigated and prepared as if it was going to trial, and not settlement. If an attorney investigates a case as if it will settle, they are not doing their job properly. There are numerous reasons why the immediate and thorough preparation of a case maximizes the value of a case, including:

• The insurance adjuster will know that you are serious about your claim.
• The insurance adjuster becomes aware of your familiarity with the case, its facts, and the evidence.
• You will convince the adjuster that you will take your case to trial if necessary.

Preserving Valuable Evidence

Law enforcement’s role is to determine if criminal charges should be brought against the at-fault driver. The investigating officer is not responsible for preserving evidence that may be used in a civil action, including a claim for personal injuries or a wrongful death.

Personal injury victims should not rely on the police to gather and preserve critical evidence for a subsequent civil action. A prompt consultation with an experienced Dallas injury lawyer, one who understands the importance of an immediate investigation – is essential to the successful filing of a civil action for personal injuries or wrongful death.

Learn how Lenahan Law Firm can help you, call us today for a free case evaluation!