INVESTIGATION BASICS: What Is Involved?

"I hope this guide is helpful to you.  If you need more answers, contact me."  Mike Burman, Injury Attorney - Kentucky and Tennessee
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This article explains:

• What is an "investigation?"
• How is an investigation conducted?
• Who conducts an investigation?
• Why is an investigation necessary?
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What Is an Investigation?

You want to know what happened.  A good investigation answers that question and many others.

An investigation is a search for clues.  Clues lead to facts.  Facts win cases.  A good investigation helps me:
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• Outline the events that resulted in your injury
• Determine which legal actions will maximize a monetary recovery to you
• Understand all harms and losses from your injury
• Predict future harms and losses
• Identify witnesses
• Preserve physical evidence
• Anticipate counter-facts the at-fault party may try to use against you
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How Is an Investigation Conducted?

Here are some things common to every investigation.

First, I develop a rapid reaction plan to identify witnesses and preserve evidence.  I discuss this with my client.  A rapid reaction plan involves experts who are educated, trained and experienced with the type of evidence presented by the case.  Burman Law maintains relationships with a wide variety of experts who are "on-call" to provide quick responses.

I will carefully interview my client, to find out what is remembered.  Obviously, the degree of injury affects memory, but oftentimes small clues yield major facts, and there is no better source than our client who experienced the injury event. We secure police reports, police photos, individual photos and videos.  We verify insurance and medical providers.  Social media and internet searches often yield key information and documentation.  Semi-truck and trailer cases  involve highly specialized experts.   Communication with the trucking company to preserve evidence from routine destruction must be put in writing.  Other types of injuries have a similar need to make a request to preserve evidence in writing.

Medical records, medical bills and other sources of documentation are reviewed.  In your medical records, we look for inconsistencies or incomplete statements your medical care providers may have left in your medical records.  Unfortunately, many medical care providers are in a hurry and do not fill out your medical records accurately.

Closed circuit TV is more and more common, but recordings are routinely deleted after short periods of time.  Quick action is required to preserve this invaluable visual recording of the injury event.
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Who conducts an investigation?

As your attorney, I personally take charge of the investigation.  When I get the case, I will determine if I should personally go to the injury site to make sure critical evidence is preserved and photographed.   I look for closed circuit TV (CCTv) recordings, or residential CCTv.  I look for unusual patterns or distinguishing clues that are not clear in photographs, or may not have been deemed important by the initial law enforcement investigation.  I act as the lead contractor for my client's investigation and hire sub-contractors with special skills.  I do not borrow money on my client's case to fund these experts.  I make sure the experts charge a reasonable and customary fee for their work, and I pay the experts on time.  Quick action is required to implement a rapid reaction plan to identify and preserve evidence.  If experts are concerned about getting paid by the lawyer (because some lawyers do not have the resources available) then that expert may not be willing to stop what they are doing and take the necessary time for your case.
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Why is an investigation necessary?

An investigation is a search for clues.  Clues lead to facts.  You cannot win cases without good facts.  And good facts can disappear if you do not preserve those facts.

Contact me if I can be of service.  I particularly enjoy complex and difficult investigations.  The experts I hire are well-qualified people who enjoy what they do.  Mike Burman, Injury Attorney - Kentucky and Tennessee.