Here is a list of the tasks your personal injury attorney may be called to do in your case.
Remember that each case is different and that not all of these tasks will be required in every case.
• Initial interview with the client.
• Educate client about personal injury claims.
• Gather documentary evidence, including police accident reports, medical records and bills.
• Analyze the client’s insurance policy for any coverages the client has that may pay all or a portion of the medical bills while the claim is pending.
• Analyze the client’s insurance coverages and make suggestions as to what coverages should be purchased for future protection.
• Interview known witnesses.
• Collect other evidence, such as photographs of the accident scene.
• Analyze the legal issues like contributory negligence and assumption of the risk.
• Talk to the client’s physicians or obtain written reports from them to understand the client’s condition fully.
• Analyze the client’s health insurance policy or welfare benefit plan to ascertain whether any money they spent to pay your bills must be repaid.
• Analyze the validity of any liens on the case. Doctors, insurance companies, welfare benefit plans and employers may assert that they are entitled to all or part of the client’s recovery.
• Contact the insurance company to put them on notice of the claim, if this has not already been done.
• Decide with the client whether an attempt will be made to negotiate the case with the insurance company or whether suit shall be filed.
• If suit is filed, prepare the client, witnesses and health care providers for depositions.
• Prepare written questions and answers and take the deposition of the defendant and other witnesses.
• Produce for the defendant all of the pertinent data about the claim, such as medical bills, medical records and wage earning information.
• Go to court to set a trial date.
• Prepare for trial and/or settlement before trial.
• Prepare the client and witnesses for trial.
• Organize and prepare medical exhibits for trial.
• Organize and prepare demonstrative exhibits for trial.
• Prepare for mediation and/or arbitration.
• File briefs and motions with the court to eliminate surprises at trial.
• Take the case to trial with a jury or judge.
• Analyze the jury’s verdict to determine if either side has good grounds to appeal the case.
• Make recommendations to the client as to whether or not to appeal the case.
Remember that every case is different and this list is to help you know what to expect from a personal injury attorney.
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