How Does This Work Again?? (MVA) Plaintiff FAQs

Volume 3 / Edition 3

This Week; Focus On: How Does This Work Again?? (MVA) Plaintiff FAQs

Often the investigative specialist is the first person to meet the potential plaintiff. When an investigator is directed by an attorney to conduct a client sign up survey in the field, she generally encounters an injured person with no prior litigation experience but with many questions. BNI has prepared an FAQ sheet specifically for plaintiffs involved in MVAs.

Car Accidents

Q: Are photos of the accident scene helpful? A: Absolutely.

If possible, make sure your camera has the date imprinted with the date the photo was taken. If your camera does not have this function, when you develop the photos, make sure you write the date the photos were taken, in smudge-proof pen, on the back of the photos.

If you are using a digital camera, DO NOT MAKE ANY ALTERATIONS TO THE PHOTOGRAPH WHEN YOU PRINT IT OUT! Attach a note with the digital prints indicating the date the photos were taken, by whom, the type of camera, and the type of storage media you used (memory stick, smart card, etc.)

Q: If I live in Brooklyn, and my car accident happened in Queens, where do we bring the lawsuit?
A: The choice of where to bring suit (venue) is the subject of many legal cases. Generally, the plaintiff (the injured victim) gets to choose where the case will be heard. It could be the county where the victim resides, or the county where the owner of the other car lives. If there was a rental car or a leased car involved, it might be the county where the leasing company maintains their main office. Usually, the site of the accident is not where the case is brought, unless of course one of the parties lives in that County.

Q: If an insurance adjuster calls me after my accident to ask me questions, can I talk to him?
A: The general rule of thumb is: if an insurance adjuster calls to talk to you, politely tell them you would prefer that they speak with your attorney and provide that phone number.

Q: A neighbor of mine broke her leg in a car accident. She got a lot of money. This also happened to me - I broke my nose in a car accident. Why isn't my case worth as much as hers?
A: Each case is different. Each injury affects a person differently (even if you broke the same bone):

1. Your pain tolerance might be different,
2. Surgery may be required in one case and not the other and or
3. She might have been an actress and her broken bone means she lost months from work. It's important to know how your injury may affect your daily life. It may impair your ability to do your daily tasks like tying your shoelaces, taking a shower, making breakfast, going to the bathroom, holding groceries and similar activities. Keep notes of these restrictions as this matter continues.Since everyone is different, and their injuries affect each person differently, the value for each case is different.

Q: In a car accident case, why is the trial split into two parts?
A: This is called a 'bifurcated' trial. The reason is to see first if there's liability against the other driver (liability trial). If there is, the trial will proceed to damages (damages trial). If there's no liability against the other driver, the case ends there, and there is no need to continue the trial to have a jury evaluate your injuries. In some cases, the damages trial is tried days or even weeks later than the liability trial. Often, the insurance company waits to see if their client bears any responsibility before deciding whether to settle the case. Often a settlement offer will happen only after a liability verdict against their client. (This is why an investigative specialist is called in - to gather all of the facts regarding chain of events and potential liability issues.)

Q: What does speed, time and distance have to do with my car accident case?
A: Everything. If just two of those factors are known (example speed and distance) the attorney and insurance representatives can easily calculate the third (time it took you at that speed to travel that distance). It's also an issue of credibility. If you do not remember, just tell the truth.

And, there are usually witnesses who can fill in those knowledge or recollection gaps in auto accidents.

Q: My car was totaled in a car accident. My insurance company wants to pay for the car and then get rid of the car. Should I allow this?
A: Before you make any decision, make sure you have date-stamped photographs of your car after the accident.

Q: I'm just bruised but my car was totaled. Do I have a case?
A: You probably would have a property damage case for the loss of your car. If you have bruising, it is up to each individual attorney to decide if he wants to accept your matter.
B
NI investigators stand ready to complete a thorough MVA investigation, particularly the crucial initial phase of a case: from obtaining police reports, to in-house sign ups to locating auto insurance of all involved parties (and their respective households, if needed).

BNI investigators: Street smart; Net savvy.

I look forward to any comments you may have or and questions I can answer for you.

Sincerely,

Lina M. Maini
Editor, The Beacon Bulletin
CEO, Beacon Network Investigations, Inc.