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.
The complainant must be made aware of the need for an investigator to take pictures of any and all important items before they are tampered with.
Witnesses must be interviews as soon as possible. The accident scene must be photographed completely and reviewed before it is changed. Make certain that all torn and blood-stained garments or other evidence are retained by the hospital. Bruises and physical indications of trauma must be photographed immediately.
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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