Managing Personal Injury Cases : The Critical Time Window
Time is of the essence when talking with prospective clients or family concerning a personal injury case. There is a time limit on when one can file a case. It is important to begin work on the case immediately in order to protect the client’s best interests and support the necessity for legal service. Make sure the client does not discuss fault or the facts of the case with anyone other than police officers until they have spoken to you.
Your potential client must be made to understand the importance for the investigator to photograph every evidence before they get cleaned or repaired.
Any third party witnesses should be spoken to immediately. The accident scene should be inspected and photographed before anyone touches any important evidence. Your client must be instructed to retain clothing and any other personal items before the hospital destroys them. Injuries or markings of any sort are extremely important for photo evidence.
The plaintiff must be made to understand that the main responsibility of the insurance carrier is to minimize their financial damage, rather than being interested in the welfare of the injured party. The defendant is advised that he has 21 days to respond after the recorded date of service for the civil summons and complaint. The complaint is sent with two copies to the defendant, with instructions to provide a set to the appropriate insurance carrier. Make sure that all documented medical evidence is correct per complete agreement with the plaintiff. Allow yourself sufficient time to read everything over carefully. Don’t forget that the insurance carriers put much greater emphasis on the opinion of a certified physician, as opposed to a layman.
Keep stressing to the client both in correspondence and in conversation that you believe he has a very strong chance of winning this case, based on existing information. This illustrates the attorney’s difficulty in assessing the probable liability of the defendant when he is still scrambling to gather the much needed damage information.
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