Monday, December 6, 2010

Car Accident Claims

Freshly minted attorneys are frequently so eager to begin practicing that they come dangerously close to earning the nickname of ambulance chaser. The suggestions and tips that follow are taken from Jay G. Foonberg's popular guidebook entitled How to Start and Build a 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.

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.

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.

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.

Communicate to the client both in person and in writing that given what is currently known about the facts of the case, there is indeed merit to the damage claim. Thus, it can be extremely difficult to attach a monetary value to a matter until the complete nature of the injury and the cost of care and losses are ascertained.

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