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:
Advise your prospective clients to engage you as soon as possible and often when you are meeting with the potential client and / or their family initially. In order to verify that there is need for representation and to protect a client’s interest, work will need to begin as immediately as possible. You should also instruct your client to consult with you before discussing the case with anyone regarding facts and possible fault, with the possible exception of police officers.
Before the potential client cleans up or engages in repairs, they should understand that the investigative team will need to photograph all evidence and that this is of utmost importance.
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.
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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