Generally, the public believes that a plaintiff’s lawyer can only do the bare minimum and will still be able to settle an auto accident case. This is certainly not the case, but especially in minor impact auto accidents also known as Minor Impact Soft Tissue or MIST cases. General public believes these “fender bender” cases are not serious and too many occupy our courts’ time and money.
Info Gathering
First and foremost, it’s important to get a good description of your client’s positioning in the car when the accident happened—for example, the details about the position of your body, neck, posture, etc. Is it possible that they have some prior medical history that could have been affected negatively through this auto accident? If so, make sure you obtain all relevant medical history information. Next, if a doctor or chiropractor is treating your client, make sure they also know all of the above (history and positioning). Lastly, during the first interview, ask the client kindly for the photographs of the vehicle involved and any estimates.
Low Property Damage
“Look at this minimal damage. Does it look like anyone could get hurt?” The favorite argument of the insurance company. In it, they are questioning the causation of the accident to the injury. But we can fight this argument sometimes by means of motion in limine (to limit and prevent use of the photos and estimates to argue low damage). If the judge does not grant our motion, we must have with the photographs and estimates of both vehicles. Because it is possible that your car got minimal damage, but the defendant’s car has significant damage. Through the discovery process we are able to obtain these photographs of the damage and estimates.
Hidden Damage
Photographs of your car are needed from the repair facility when it is all taken apart for repair, also known as “torn down.” When the car is torn down, the auto-repair shop might find hidden damage in the car’s frame which can turn out to greatly help your case. Why? Because it will go to show that there was a much stronger impact in the auto accident than originally thought.
Trial Tactics
The final key to winning your low impact auto accident case is making sure you have the right attorney that will use the right strategy in trial, should your case end up there. Great care must be used in selecting the right jury, making the correct opening and closing statements, and cross-examining the defense biomechanics experts.
Minor auto accidents must be handled with just as much, if not more, care in order to get a successful outcome. Have you been injured in an auto accident? Let our office get you the maximum compensation you deserve. Call us now for a free consultation.