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.
Third-party witnesses must be interviewed as soon as. The scene of the accident must be reviewed and photograph before it is altered. Remind your client that torn and blood-stained garments or other evidences must not be thrown away at the hospital. Bruises and other physical manifestations of the injury must be photographed immediately.
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.
The injured person must be reminded that insurance company’s primary concern is to defend a claim for damages rather than getting any funds for the insured for personal injury. The defendant must be told that the letter of claim begins a timetable and acknowledgement of receipt of letter must be within 21 days. The letter of claim must be sent in duplicate and the defendant requested to send a copy to the insurance company. Ensure that the medical records are accurate and has been fully reviewed by your client. Allocate enough time for the review of medical records. Keep in mind that insurance companies pay much more attention to a report that comes from a doctor rather than from a nonphysician.
Any insurance company will be seeking to defend claims for damages as opposed to pay out for the person’s injuries, and the potential client should understand that this is the insurance company’s first concern. The client should be advised that they can expect a letter of claim and must acknowledge that they have received it within 21 days and this letter starts the timetable. A copy should be sent on to the insurance company and the letter of claim should arrive in duplicate. The client should completely and thoroughly review any medical records for accuracy and completeness. Medical records should be given the appropriate amount of time and consideration. Reports from doctors will be held in higher esteem by an insurance company than a report received by another medical professional who is not a physician.
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