Do I Want This Case? Why? What Will I Need to Prove? How? . . . And What's It Going to Cost? Analyzing the Merits of a Personal Injury Case

• Jurisdiction: United States
• Publication year: 2022

Do I Want This Case? Why? What Will I Need to Prove? How? . . . And What's It Going to Cost? Analyzing the Merits of a Personal Injury Case

With Darrel J. Papillion

Liability, Causation, Damages

So, the prospective client is in your waiting room. She wants to hire you to represent her in a personal injury case. She was referred by another lawyer who is a good friend.

Do you want the case? How do you know?

What do you need to know to make a wise decision?

This paper will present some ideas to guide you in your analysis of whether to take this case or reject it.

Getting Started

Have the client bring with her whatever documentation she has concerning the facts of the accident, i.e., the accident report, medical information, letters from the insurance companies, etc.

Better yet, get her to send you the documentation ahead of time so you can review it before your initial conference.

Review the file.

Meet the client.

Do an in-depth interview.

Am I the first lawyer this client has consulted about this case?

What "warts" does this case have?

Do you like the client?

What Kind of Case Is This?

What is the factual theory of the case?

What is the legal theory of the case?

What Causes of Action Exist?

Is it a simple auto accident?

Is it a product liability case against the designer of the car?

Is it a defective highway case?

Is this a workers' compensation case?

Should the client apply for Social Security, Medicaid?

Does the client have benefits under a private disability policy, COBRA, ADA, or FMLA?

What Are the Elements of Your Causes of Action?

How are you going to prove each element?

Who Are the Parties?

Who are the plaintiffs? Who can be the plaintiffs?

Who are the defendants? Who can be the defendants?

Will there be an intervenor? Is he going to help us?

What Are the Damages?

Pain and suffering?

Physical disability?

Permanent impairment?

Loss of enjoyment of life?

Mental anguish?

Loss of income past and future?

Impairment of future...