Best of Philadelphia: Accident Checklist
After an accident you will need to explore all of the different decisions that will have to be made during the litigation to assure success. Here is a checklist that should help you. Call me at 610 642 7676 if you need more help. For more of my checklists, click here.
— Consider the type of lawsuit and location where it should be filed.
— Make sure you are still within the statue of limitations deadline.
— Research complaint drafting.
— Carefully prepare the lawsuit papers.
Before the Proceedings:
— File the suit with the court.
— Promptly and properly serve the suit papers on the defendants.
— Make contact with the defendant’s lawyer.
— Send interrogatories and request for production of documents to the defendant’s lawyer.
— Complete gathering any proof of losses and damages that you will need to prove your case.
— File a discovery motion if answers to interrogatories and response to request for production of documents are not received promptly. (See Appendix 7 of my book, Winning Your Personal Injury Claim.)
Once the Process has Begun:
— Take the defendant’s deposition.
— Prepare for your deposition.
— Return to your doctor if your symptoms persist.
— Document lost earning capacity by retaining a vocational expert and/or an economist.
— Obtain a disability statement if you are claiming lost earnings.
— Be sure your medical evidence has a statement causally linking the accident to your injuries.
— Be sure your medical evidence has a statement as to future surgeries and medical bills, if necessary.
— Prepare for any independent medical examinations.
— Respond promptly to any motions filed by the defendant’s attorney.
— Prepare for any settlement or pre-trial conferences that are scheduled.
— Schedule videotape depositions of any doctors or expert witnesses.
— Prepare carefully for those depositions.
— Prepare your testimony.
— Prepare cross-examination of the defendant and defendant’s fact witnesses.
— Subpoena your witness for trial.
— Prepare your witness for testimony.
— Prepare your opening and closing statements.
— Prepare your voir dire questions.
— Prepare your jury instructions.
— Prepare to cross-examine the defendant’s expert witnesses.
— Familiarize yourself with the state and local or federal rules of evidence.
— Familiarize yourself with state and local or federal rules of civil procedure.
— Familiarize yourself with the rules of appellate procedure.