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Your first auto case: seasoned personal injury lawyers know that no auto case is cut-and-dried, but following some basic procedures will help novices successfully navigate the twists and turns that are bound to arise.

Publication: Trial
Publication Date: 01-FEB-08
Format: Online
Delivery: Immediate Online Access

Article Excerpt
Handling an automobile case is rarely simple, even for the most experienced lawyers. Even a seemingly straightforward auto case will present more than a few potential pitfalls for the unwary plaintiff lawyer.

While there's no road map to guaranteed success, taking certain steps will help you secure just compensation for your client. The first of these is gathering basic information about the case, including the identity of the defendant driver and any employer or other party who may be legally responsible for the driver's activities.

Police report. Police reports contain a wealth of information regarding accidents. If your client has obtained a copy of the police report of his or her accident, be sure to get it at the initial interview.

Ask your client if there are any attachments to the report, especially if the accident involved serious injury or death. Typical attachments include photographs, notes, measurements, witness statements, and toxicology reports.

Be sure to ask your client about witnesses to the accident. He or she maybe able to provide their names and addresses--or the police report should contain this information.

If you don't get the police report from your client at the initial interview, get it from the appropriate law enforcement agency as soon as possible. You may have to specifically request any attachments or addendums to the report; otherwise, you may receive the basic accident report without them.

Insurance. Obtain as much insurance information--your client's and any potential defendant's--as you can. Your client's own uninsured/underinsured motorist coverage may provide compensation if the defendant driver is uninsured or has insufficient coverage. Ask whether your client has purchased PIP (personal injury protection) or Med Pay coverage. These are types...

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