What's Law Got to Do with It? New Cases and Homework

A potential new client calls. "I've been in an accident," she says. She comes to the office. What next?

The most important meeting with a client is the first one. It's not enough to get name, address, phone number and a description of the accident. The attorney must get the client's detailed description of every aspect of the claim. We must ask for the precise mechanism of the accident from beginning to end. We need a moment by moment description.

If it is a car accident, we must have a block by block recap of the route of travel up to the accident scene. We need photos of the accident scene. Was it a one way street or two way? What lanes were the parties travelling in? What speed? Where was the client looking at the moment of impact? Five seconds before? Ten seconds before? Where was her right foot? On the brake or on the gas? Did the police arrive? If so, there is an accident report we must get.

Not only must we have the name and address of every witness, but we must know quickly. Witnesses have a way of moving or disappearing, and we need their statements as soon as possible. We may call the witness ourselves, or hire a trusted private investigator to meet the witness and take a written statement.

The lawyer must separate the wheat from the chaff. Contrary to popular opinion, as much as a plaintiff's lawyer wants to know if he has a case, a large part of a plaintiff lawyer's job is telling clients when they don't have a case. Sometimes clients think they have no rights when they do. "You can't fight City Hall," some wrongly say. Oh really? I do it every day.

What some call "God's will" was really a man made tragedy meriting compensation.

On the other hand, a particular doctor's rudeness does not equal malpractice, only failure to provide good and accepted medical treatment means malpractice.

You fell you say? OK, but please tell me precisely what caused you to fall. Only then will we know if you have a claim.

The question of injuries or damages is fundamental. We must have an injury worth compensating before embarking on the trouble and expense of a lawsuit. Some injuries, like a fracture or a scar are obvious. Some injuries seem slight, but have the potential to be life altering. On the other hand, there is no sense in spending $20,000 pursuing a $500 claim.

Yet only the lawyer will know what the case is worth. Did plaintiff go to the emergency room or doctor's office? How soon? How old is the client?  The potential for a pain and suffering award for permanent injury is based partly on the client's statistical life expectancy.

Not only must we obtain the details of every medical treatment the client had, we must also learn what the client did between medical appointments. We must know of prior accidents.

If the defense may claim the injury was caused by a prior accident, we must know before they do. If there is a prior injury, maybe it was aggravated by the accident. We will need all applicable insurance information. Is the client employed? Did she lose time from work? Were there lost wages?

Only after a complete examination can the lawyer decide on recommending a lawsuit. If there is a case, only zealous advocacy by a lawyer who believes in your cause will do. If there is no case, only honesty will do.

From the first meeting to the day of verdict or settlement, the most successful clients and lawyers are those who work as a team.