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 client must understand the importance of having the investigator thoroughly document the scene before they get repaired or begin clean up.
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 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.
Remind the client orally and in writing that “based on the facts as they appear in the present time, it appears that he has a meritorious case. That is why, it is impossible to value the case until the full extent of personal injury, the need for treatment, damages, and losses are known.
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