Important Steps in Communicating with Potential Defendants in Personal Injury Cases

Prompt Notification Is Key to Preserving Your Rights

In the aftermath of an accident where you’ve sustained injuries, it is crucial to reach out to those who might be responsible, even if you have not yet established fault. Goldberg & Goldberg emphasizes the timely notification of potential defendants is not about assigning blame but rather about informing them that an incident occurred, you have been injured, and you are considering legal action.

You are not required to provide a detailed account of the accident or your injuries initially. What’s important is alerting the relevant parties that an accident took place at a certain time and place, you were involved and injured, and you are contemplating a claim.

Identifying Potential Defendants

Determining who to notify starts with identifying all parties who could potentially be responsible for your accident. Based on the nature of your accident, this could range from the other drivers and vehicle owners in an auto accident to the proprietors of a property where a slip and fall incident occurred, or even employers if the accident happened within the scope of someone’s employment. Our team at Goldberg & Goldberg can guide you through the complexities of identifying these parties and advise on the specifics as they pertain to your case.

Crafting Effective Notification Letters

Upon identifying the parties, the next step is to draft and dispatch notification letters to each. Despite possible assurances you’ve received about insurance companies being informed, take charge by sending your own notification letters. These letters should be direct and concise, providing only the essential details and requesting acknowledgment in writing. It is critical not to delve into attributions of fault or the gravity of your injuries at this juncture, as those discussions will follow in due course.

Goldberg & Goldberg can provide you with counsel on constructing these letters or offer templates that align with legal best practices, ensuring that you initiate this process accurately and effectively.

Why Timeliness Is Essential

The window of opportunity for notifying potential defendants is not indefinite. While there’s no strict deadline for providing notice (apart from claims involving government entities), it’s strategically wise to act swiftly, preferably within a few weeks of the incident. Swift action ensures that should you proceed with a claim later on, it cannot be said that your claim unfairly blindsided anyone involved.

Remember, issuing a notice does not lock you into pursuing a claim but rather preserves your options going forward. For a complimentary consultation and to discuss the specifics of your incident, don’t hesitate to contact Goldberg & Goldberg at (301) 654-5757. Our skill is at your disposal to help you navigate these first critical steps after an accident.