After carefully examining the records and the client, he must order every conceivable record on the client’s medical past, prior injuries, etc., because that is exactly what the defense will do. Carefully review medical records for any evidence of use of drugs and follow up with vigorous investigation.” 1:42. 7.
topics covered are: liability theories; defenses to anticipate; essential steps in the investigation; documents. to request; witnesses to depose and what to ask them; experts you’ll need to hire; and themes and strategies. for trying your case. Many sample forms are also included.
There is a growing custom to have the plaintiff sit in on the opening part of the mediation. This should be strongly resisted. The worst problem is that the client will take umbrage at the comments of the defense and his anger will create a huge problem to mediation, which depends heavily on cooperation. In addition, the client may not understand the plaintiff’s attorney candidly admitting weaknesses in the case or even weaknesses in the plaintiff’s salability to a jury.” 2:81
A good investigator can establish a rapport with the witness which will go a long way in keeping his testimony honest. The more repeated contacts the better. We have sometimes had the investigator transport the witness to the deposition to reduce anxiety and allow for better preparation.” 1:45.
“It is vital to have the investigator re-interview witnesses before their deposition even if a signed statement has been previously secured. The witness must understand the one or two crucial facts he brings to the case and not get lost in trivial details. A good investigator can establish a rapport with the witness which will go a long way in keeping his testimony honest. The more repeated contacts the better. We have sometimes had the investigator transport the witness to the deposition to reduce anxiety and allow for better preparation.” 1:45
Experts are not trial lawyers and often do not understand that there is a vast difference between pure science and ways of presenting a case that appeal to a jury. This is not a license to distort the expert’s views, but it is important to direct him to approaches that will be simple and the jury will believe.” 1:60.
20. “Delay as much as possible. It is surprising how many attorneys allow a client to be examined by a doctor hired by the insurance company even before suit is filed. The doctor will find that there is nothing wrong with the plaintiff, attribute his complaints to pre-existing problems, or claim he is exaggerating his symptoms. Letting the defense’s medical examiner get at the plaintiff early is a mistake. The examination can usually be delayed until after suit is filed and it should be.” 2:40
Contact friends or coworkers who have been represented by a lawyer in their own personal injury claims. If they say good things about the experience, put that lawyer on your list of candidates. But don't make any decision about a lawyer solely on the basis of someone else's recommendation. Different people will have different responses to a lawyer's style and personality. Also, at any particular time a lawyer may have more or less energy or interest to devote to a new case. So don't make up your mind about hiring a lawyer until you've met with them, discussed your case, and decided you're comfortable entering a working relationship.
Bring copies of all the documents you have concerning your claim: police report, medical bills, income loss information, and all correspondence with the insurance company, including your demand letter if you have reached that stage. Most personal injury lawyers don't charge for an initial consultation.
Finally, a lawyer might refuse to take your perfectly good case for the same reason that you might not want to hire a perfectly good lawyer. That is, the two of you just might not feel comfortable with each other. If your personality and the lawyer's clash right away, the lawyer may simply decide that handling your claim is just not worth it.
This may be because you were largely responsible for the accident, because it is too difficult to prove that someone else was at fault, or because the person responsible for the accident has little or no insurance coverage.
After you have discussed with the lawyer the facts of your case and the history of your negotiations with the insurance company, the lawyer may give you a general opinion of how much your case is worth and how difficult it may be to get the insurance company to pay something in that range. This is when you should discuss with the lawyer the different ways your case could be approached, and whether the lawyer would be willing to handle it in the way you prefer. These approaches include:
A lawyer's willingness to listen and ability to understand you may affect how much you can help the lawyer and whether you can control somewhat how the lawyer does the job. A lawyer's willingness and ability to explain what is happening in your case will likewise affect your ability to make good decisions .
And a lawyer could have several reasons for rejecting you as a client. Most personal injury lawyers work on a contingency fee basis. (See " Managing Lawyer Costs & Expenses in a Personal Injury Case ".) This arrangement means that the lawyer's fee is a percentage of what you ultimately receive in compensation.