Role of Lawyer in Personal Injury Investigations

The first task of the personal injury lawyer is to provide the right kind of guidance to the client in dealing with the post injury investigation. This is considered to be important from the perspective of gathering data. So he prefers to record the first interview of the client. This will help in streamlining the flow of events leading to the incident and establishes the proper procedure for investigation. The lawyer will also consult the others present at the site of the incident. They are instrumental in providing additional information. After gathering the initial information, the lawyer proceeds with the investigation.

Format of Personal Injury Investigation

The format of investigation used by personal injury lawyers at depends on the nature of accident and type of injury. For example car accident, workplace mishap, medical malpractice, product induced injury and slip and fall have their own unique formats.

  • Forensic analysis is one of the most important types of procedure adopted by the lawyer. For this he may require the help of a specialist related to the type incident. You can consider the case of medical malpractice as an example. Here the help of specialist doctor or surgeon is taken. He collects information about the case history of the patient (affected client), the previous medications and treatments, last treatment and medication, nature and intensity of side effects and injury etc.
  • Once he has collected the data, he proceeds to conduct a detailed medical analysis. He enquires the patient about his allergic tendencies to specific types of medicines like penicillin and others. Then he proceeds with the investigation based on the data from case history and the last medication and treatments.
  • In consultation with the lawyer he prepares a detailed investigative report in which all the elements of causes, consequences and the people who are to be held liable are specified. If there has been any negligence on part of the patient, even that is specified. The lawyer discusses with the patient (client) and gets his approval. If any information is missing from the report, provisions are made to add them and the final draft is approved by the lawyer.
  • Now the lawyer and the medical expert work on the compensation part of their lawsuit. For this they will consider the losses suffered by the client (salary and other sources of income are considered), stress factors, trauma, medical and other expenses, and the calculated expenses for the future (support of personal assistant, medication, treatment, loss of pay etc).

Attempt for negotiation


Personal Injury Investigations

An attempt for negotiation with the accused (defendant) will be made by the lawyer, if the initiation comes from their end or he finds it more suitable. If it fails to bring the desired results he will move the case into the court of law and files a legal lawsuit. The client needs to be prepared to cooperate with the lawyer in getting the witnesses to appear in the court of law whenever required. Further proceedings will be carried out with the help of evidences and other reports generated.