One of the most common questions car accident victims will ask themselves is, What are the risks if I don’t hire a personal injury attorney? People will often dismiss the severity of the situation and gather advice from their peers rather than professionals. Or, more often than not, people will hire a generalist, who doesn’t necessarily understand the different factors and criteria that coincides with personal injury cases. When you’re in an car accident of any caliber it’s best to leave your case in the hands of an experienced lawyer, with a concentrated practice. As a victim, you want to ensure you get the best outcome thus, your case should always be handled by a seasoned expert. When working with a lawyer test their familiarity with these two things:
Ensure your lawyer is taking depositions in addition to conducting adequate discovery. Some lawyers will never take the defendant’s deposition in a car accident because the other side admits fault; however, this is a grave mistake. By not taking deposition, the lawyer can potentially harm the outcome of your case! A defendant’s deposition should always be taken as it helps establish the circumstances of the accident and helps prove the force of the impact.
Check your lawyers understanding of a terms used in the field such as, Res Gestae, which allows for the introduction of evidence surrounding a certain event, like an accident. The Federal Rules of Evidence (FRE 803), in addition to many state rules of evidence, allow evidence that is part of the Res Gestae into evidence to prove statements believed to fall into the exception to the hearsay rule. This is due to the fact that they are made immediately before or after an accident and during the course of the event so they are believed to have greater credibility for admission into evidence at court in front of the jury.
If the lawyer you’re working with doesn’t check off these fundamentals, consider finding a new lawyer! When you choose to either work with a generalist, who isn’t well-versed on personal injury criteria, or you opt to forego a lawyer all together, you’re doing yourself a disservice. Personal injury lawyers have a concentrated practice with extensive experience building and developing these specific cases. At Brad Pistotnik Law, your first consultation is always free! Do yourself a favor and call Brad Pistotnik and his team before anything else!