The Critical Time Window: Managing Personal Injury Cases
When talking with the prospective client or family for the first time, tell them to engage to you as often and rapidly as possible. It is necessary to begin to work on the case immediately to protect the client’s own best interests and substantiate the need for immediate legal service.
Remind to the client also not to discuss fault or facts with anybody except police officers until after they’ve consulted you. Your potential client must be made to understand the importance for the investigator to photograph every evidence before they get cleaned or repaired.
Third-party witnesses must be interviewed as soon as. The scene of the accident must be reviewed and photograph before it is altered. Remind your client that torn and blood-stained garments or other evidences must not be thrown away at the hospital. Bruises and other physical manifestations of the injury must be photographed immediately.
The injured party must be make aware that the insurance company’s main concern will be to defend a claim for damages in the insurance company’s favor. The defendant must be informed that the timetable for filing claims and acknowledgment of receipt of the letter is limited to 21 days. The claim letter must be send in duplicate and the defendant must send a copy to the insurance company. Review the accuracy of all the medical records with your client before they are submitted. Take your time with the review of the records. The insurance companies will attach much more weight to a report that comes from a physician than one from non-medical staff.
Remind the client orally and in writing that the case appears to be meritorious “based on the facts as they appear at the present time.” This is what makes assigning a value to the case impossible until the full extent of personal injury, necessity of treatment, losses and damages are known.
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