LIABILITY PHASE

Act immediately to investigate the accident and secure all the facts. Because of the importance of this initial phase, it is WithyLaw policy to send out an investigator on its cases immediately to handle this phase so the client can focus on the medical and other family difficulties that arise from an accident.

		Report the accident to the police and be sure that an accident report is properly made out if possible. You can request a copy of this report in most jurisdictions--review it to make sure that it is accurate. If it is not then ask to have the material corrected or omitted material added. This report can be used by the insurance company and the court in your case so be sure it is correct.
		Make sure that all the witnesses to the accident are interviewed by an investigator or other uninterested third party so their statement can be confirmed later. It is best to have an expert investigator perform this function. Your attorney should arrange this immediately. The recorded observations and any diagrams or notes the witnesses have are very important as memories can change later and materials can be lost. It is also important to stay in contact with the witnesses so they will be available when needed. However be careful that the victim or their family do not talk to the witness too often as this may taint the witness's testimony.
		Contact your own insurance company and report the accident. If you had collision damage on your car, they should make a quick settlement with you so you can obtain a replacement car or get your car repaired. If they do not act quickly or fairly, your attorney should help you with this also. Be sure to document any contact you have with any insurance company or adjuster. It is best to have your attorney talk to adjusters as they sometimes make an incorrect "record" of your conversation with them which can be used against the victim later. Otherwise at least have a witness present during any such conversation.
		An investigator or an uninterested third party who can testify later should take pictures of the vehicles involved, the location of the accident, the victim's injuries, and any other visual evidence from the accident that could change later and be unavailable at the time of trial. Often your insurance company will take pictures of the cars involved, but unless they provide copies of these pictures to you or your attorney, they might not still be available when needed.

As the case goes on, keep track of all medical problems and costs:

		It is advisable to keep a diary of the problems that occur daily after the accident, both for health problems and the other costs you are incurring. It is natural to try to forget all the pain you went through in the early days after an accident. Thus writing the events down at the time is important.
		Keep track of the actions in your case with your attorney. There will probably be depositions, including one of you, as well as written questions that may be directed to you and the other witnesses, and your doctors. Cooperate with your attorney on these as much as possible.
		Be prepared to attend settlement conferences, and the trial if the matter cannot be settled.

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