Section 14 Initial Letter

• Library: Civil Trial Practice 2008 Supp Forms

The plaintiff's medical history may be obtained during a personal interview or by a written request. A combination of both methods is preferable because the plaintiff may not be able to accurately recall his or her complete medical history during a personal interview. Under these circumstances, the client may forget to mention an injury, a visit to a doctor, or even an operation. It is better to explain during the initial interview why complete information is needed and advise the client that he or she will soon receive a letter containing a form that should be filled out honestly and fully. That follow-up letter could read:

Dear _______________________:

Whether we can recover on your behalf and the amount of that recovery will depend on two things: (1) our ability to prove that the...