Negotiation

Pre-Lawsuit Investigation

Your personal injury lawyer will investigate the cause of the accident and your injury. An independent accident investigation aims to gather evidence proving that the other party caused your damages. 

To recover compensation for damages, you typically must prove:

• The opposing party owed you a duty of care;
• The opposing party’s conduct or omissions breached that duty of care;
• The breach of duty was the direct and proximate cause of the accident and your injury; and
• You sustained damages because the opposing party breached their duty of care.

Your attorney will identify each party that contributed to the cause of your injury. As a result, two or more parties could share liability for your injuries. Your lawyer will also verify insurance coverage and file claims with each insurance provider.

The insurance providers for the at-fault parties also investigate the accident. The companies gather evidence they can use to undervalue or deny your claim. 

It is important to remember that your statements and actions after an injury can significantly impact the outcome of your case. Generally, it is best to avoid talking to insurance adjusters until you seek legal advice. Providing a written or recorded statement without consulting with an attorney could hurt your case.

Also, you may want to avoid social media and online posts after an accident or injury. Defense lawyers and insurance investigators search for online material they can use to support their claim that you were not injured in the accident or your injuries are not as severe as you claim.