The procedure for the investigation into the collection of evidences and witnesses varies for every case of personal injury accident. Owing to the vast range of accident types, it may be reasonable to focus on a specific type to learn about the possible procedures of investigation. Your lawyer will be able to prepare a detailed checklist for the investigation and proceed with it. The sample case considered here is an accident involving a sports person in an event.
Sample Checklist for Investigation
- The first point could be about the safety gears. By not wearing them the athlete can lose out the any probability of filing a lawsuit.
- If he was wearing the gears and still suffered injuries, the lawyer might initiate an investigation into the quality of the gears. This might pull in the product manufacturer as one of the probable injurer.
- The condition of the tools and devices provided by the event management could be put to test by the lawyer. For example you can consider the high jump bar, pole vault, mattress, gymnastics platforms etc.
- Weather and ground / water (for swimming) conditions at the time of accident are subject to investigation. This may include presence of foreign objects, slippery surface, loose soil, contaminated water, excessive use of chemicals etc. The checklist prepared by the lawyer might have many additions or modifications to the parameters consider here.
Analysis of Injury Type and Intensity
The personal injury lawyer takes valuable input from the medical reports given by the hospital at the stages of diagnosis, during treatment and for the post treatment recovery period. They determine the factors which need to be included in the checklist for financial claims from the defendant(s).
- Probable causes of injury are determined from the scanning and analysis reports. The lawyer takes the help of a medical expert to arrive at the exact cause. They are taken into consideration to estimate the financial compensation. They may point to one or more probable injurer might be responsible for the creations of “conditions” which led to the injuries. For example he might consider a defective knee cap that failed provide the intended protection during the accident.
- The nature and intensity of injuries is determined by the medical reports. This is also considered while calculating the financial compensation. This could include the cost of medicines, shifting the victim to hospital, hospitalization, treatment etc.
- The number of recovery days during which the victim needs assistance to perform his everyday activities is determined by the medical report. All the involved costs are calculated and added to the financial claims list.
- The loss of income for the victim from the date of accident till the date of complete recovery and resumption of “job” is calculated and added to the financial claims list.
- If the victim has suffered temporal or permanent disability, the costs involved for managing the rest of his life, until he finds a source of income are added to the financial claims list. The final figures are prepared in the format of a report to be attached with the lawsuit documents.