New lawyers sometimes are too excited to accept cases that they run the risk of being called the “Ambulance Chasers.” The following pointers are adapted from Jay G. Foonberg’s book How to Start and Build Law Practice:
As you conduct an initial consultation with a potential client or their family members, encourage them to utilize your services as frequently and as quickly as they can. It is important to get an early start on your representation of their interests, and you should make clear to them the critical nature of your early involvement in their matter. Reinforce with them that they should never talk about factual details or potential fault or negligence concerning their case with anyone other than the police until they have discussed things with you.
Any ancillary or disinterested witnesses need to be interviewed as soon as practicable. Accident sites need to be visited and documented photographically before any changes, repairs, or distortions occur. Be sure that the client understands not to allow damaged, dirty or blood-stained clothing or evidence to be discarded by medical responders. Any outward evidence of injuries, including bruises, scratches and the like, must be chronicled in photographs right away.
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.
Any insurance company will be seeking to defend claims for damages as opposed to pay out for the person’s injuries, and the potential client should understand that this is the insurance company’s first concern. The client should be advised that they can expect a letter of claim and must acknowledge that they have received it within 21 days and this letter starts the timetable. A copy should be sent on to the insurance company and the letter of claim should arrive in duplicate. The client should completely and thoroughly review any medical records for accuracy and completeness. Medical records should be given the appropriate amount of time and consideration. Reports from doctors will be held in higher esteem by an insurance company than a report received by another medical professional who is not 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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