Handling And Accepting Personal Injury Cases
It is important for new lawyers to follow certain procedures when handling personal injury cases in order to avoid being labeled as the Ambulance Chasers. How to Start and Build Law Practice, a book by Jay G. Foonberg provides some pointers to help new lawyers deal with their case and their prospective client.
1. The prospective client or family of the victim must be advised to consult with their lawyers as often and as quickly as possible in order to start work on the case immediately to safeguard the clients best interest. The client must also be reminded not to talk about the case with anybody except police investigators until after they have consulted with their lawyer. 2. Lawyers should inform their client that it is important to allow investigators to take pictures of all evidence before they are cleaned or repaired.
3. Setting up interviews with third-party witnesses is vital in building a case.
4. The scene of the accident is required to be re-examined and photographed before it is changed.
5. The client must be advised not to throw away torn and blood-stained clothing and other evidence at the hospital. Pictures of bruises and other physical signs of injury must be taken straight away. 6. Lawyers must inform their client that an insurance company is more concerned about defending claims for damages rather than awarding funds to the insured who filed for a personal injury claim.
7. Remind the defendant that the letter of claim starts a timetable and that the receipt of the letter must be acknowledged within 21 days. 8. The letter of claim must be delivered in duplicate and a copy must be sent to the insurance company by the defendant. 9. Ask the client to completely review the medical records so ensure its accuracy. Also, remind the client that a report from a doctor carries more weight than one from a non-physician
A letter of claim must contain key information. They are a clear summary of the incident on which the claim is founded; list of the injuries suffered and the financial loss incurred; information on the injured persons employment, loss of earnings and other losses; list of documents the defendant is required to furnish; a request for details of the insurer; and a note to furnish a copy of the police report if the defendant pays half the fee for securing it.
The possibility of not receiving compensation is one of the concerns in accepting personal injury cases. Attorneys for the plaintiff must advised their client orally and in writing that their case has merit based on the facts presented but that it is not possible to put a value on the case until the full scope of injury, the required treatment, damages and losses are determined. Lawyers must also ensure to make the client sign more than one document. If the attorney decides not to take the case, a non-engagement letter must be sent to the client so ensure that the client knows that you are taking professional responsibility.