As the plaintiff, or the party claiming damages in a personal injury case, you should expect the defense team for the defendant to vigorously investigate the allegations in the lawsuit; few cases immediately settle without discovery.
Pre-Lawsuit Discovery Requests
Although not actually discovery, an experienced Waldorf car accident attorney will often send his or her client requests for information similar to discovery before the lawsuit is even filed. This is an effective method to gauge the true strength of the client’s case, and serves to place the client on record. Novice lawyers often find themselves surprised as a case proceeds where a client has been less than forthright regarding a critical element of the claim.
Defenses Are Sophisticated
The vast majorities of claims are handled through insurance companies, and make no mistake about it, insurance companies have developed numerous methods to deny claims or force lowball settlements. Insurance adjusters and the defense lawyers they employ realize that many claims that include high damages will not support those allegations with close scrutiny.
Ascertaining Weaknesses in the Case
No case is without weaknesses, and it usually proves a mistake to ignore or try to hide that fact. It is far better to objectively analyze the problems, disclose the facts and decide on a strategy that will mitigate the circumstances.
One of the more common and most controversial of issues concerns a prior injury to the same or similar area of the body. While in many cases such an injury may have occurred many years ago, and the injured plaintiff honestly feels it is irrelevant in the present case, its existence will almost certainly be revealed. It may be a matter of fact to be decided in the case whether the current incident caused a new injury or exacerbated an existing one. Injuries and accidents as far back as 10 years or more may be relevant. If the defense uncovers something you failed to disclose, it can be difficult to erase the specter that you were trying to hide something.
Medical information, which primarily affects the measure of damages, is but one aspect of the case discovery will reveal. The theory of the defendant’s liability, the value and strength of your witnesses and other issues all come into play.
Contact a Waldorf Car Accident Attorney for Legal Advice
There are few slam-dunk cases in personal injury. If you have been injured by the negligence of another, you need knowledgeable counsel to navigate the complex legal waters. Insurance companies are not on your side. Call the Law Office of Carroll Drake, LC, a Waldorf car accident attorney, at (301) 638-1280.