Adapted from pointers by Jay G., here is an article about avoiding the pitfalls many new lawyers fall victim to when they accept cases that may cause them to be labeled as “Ambulance Chasers.” How to Start and Build Your Law Practice a book by Foonberg:
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.
Every prospective client needs to grasp the need for investigating authorities to obtain photographic evidence of all tangible things relating to the case before they are damaged, destroyed or repaired.
Interviews should be conducted as soon as possible with third party witnesses. Before there are any changes, there should be review and photography done at the scene of the accident. The potential client should retain any of the garments that they were wearing at the time of the accident, even if they are torn or stained with blood. Photographs of any bruises, abrasions ,or injuries should be taken immediately.
The injured person must be reminded that insurance company’s primary concern is to defend a claim for damages rather than getting any funds for the insured for personal injury. The defendant must be told that the letter of claim begins a timetable and acknowledgement of receipt of letter must be within 21 days. The letter of claim must be sent in duplicate and the defendant requested to send a copy to the insurance company. Ensure that the medical records are accurate and has been fully reviewed by your client. Allocate enough time for the review of medical records. Keep in mind that insurance companies pay much more attention to a report that comes from a doctor rather than from a nonphysician.
Injured parties need reminding that the insurer’s priority will always be to defend damage claims, not assist the injured party in obtaining compensation. Explain to the defendant that your client’s claim letter starts the clock on their response window, and that they have 21 days to notify you of receipt of the correspondence. The correspondence should be sent with an additional copy, which the defendant should be instructed to forward to their insurance carrier. Make certain that all medical documentation is in order and that it has been seen by the client. Devote sufficient time to thoroughly examining all medical records. Be mindful of the fact that insurance carriers give far more credibility to a doctor’s report than an analysis produced by someone other than a physician.
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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