How to Handle a Personal Injury Case: Tips From a Personal Injury Lawyer in California
How to Handle a Personal Injury Case: Tips From a Personal Injury Lawyer in California
While it can be a rewarding and profitable area of practice for many attorneys, personal injury law in California is not for the faint of heart. Lawyers must make a conscious and deliberate decision to endeavor in this field because the work needs constant attention and a bit of aggression.
When you combine the fact that insurance companies try to block you at every turn, working as a personal injury lawyer in California is even more challenging. Even though many states have enacted “no fault” legislation, trying to get money from an insurance company is like trying to get a drop of water from a stone. Also, many people simply don’t know what to do after an accident.
Because so many obstacles are presented when working in the field of personal injury law, attorneys should be familiar with how to handle a personal injury case.
Screen Your Cases
Don’t make a habit of accepting a case from anyone who just walks into your office. If you do so, your firm will be inundated with mountains of paperwork. Defense attorneys, claim adjusters, and insurance providers will contact you nonstop.
You will not have the time to filter out the bad cases or the ones that have no merit. Your energy and time should be directed toward selecting the cases that are worth the difficult hours you put in at law school.
Ultimately, you don’t have the luxury of rejecting every case while you wait for the perfect client with the potential for significant monetary damages. You should find the middle ground.
Vet Your Clients
A client who isn’t ideal is one that has several prior accidents.
Conversely, an ideal candidate is an injured party with a good work history or background as a stay-at-home mom or dad. The reason is that a claims adjuster or opposing counsel will speak with your client to take a statement.
They must be convinced your client is likeable, believable, and trustworthy. This objective can’t be accomplished if your client has a questionable background. Also, your client must be able to win over the jury or presiding judge as well.
Firmly Establish Who is Liable
Let’s examine an auto claim as an example. Your client should be able to, at a minimum, describe a vivid picture and provide a reliable explanation of what happened and the cause. If you, as their counsel, don’t understand the incident, you will not be successful because you will not be able to accurately describe the events to the jury or judge. You may want to confirm that your client has car insurance to avoid any unnecessary headaches down the road.
Scrutinize Slip and Fall Cases More Closely
You must view your slip and fall cases with the same skepticism as an insurance company. Falls account for over 8 million hospital visits a year. Not all those claims are legitimate.
Your client must definitively prove the property owner breached their duty or acted with negligence. The property owner, without question, should have noticed the hazard that caused the accident and resolved the situation in a timely manner. They should have taken the reasonable measures to eradicate the danger.
The problem is that, if the property owner should have recognized the hazard, your client should have as well. You must discuss the theory of liability with your client the first day of your consultation.
These are just a few tips on how to handle a personal injury case. An experienced personal injury lawyer in California can answer any questions you may have.
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