what information does my lawyer need for a personal injury case

If you've decided to sue for personal injury, your attorney will almost certainly ask you to authorize the release of your medical records. This request will typically include the patient's name, social security number, date of birth, patient account number, and the patient's address.

Full Answer

What information do I need to file a personal injury claim?

Have a form that contains essential questions about a personal injury claim: client's background, employment, the incident, injuries, medical treatment, lost wages, property damage, other damages, medical and automobile insurance, responsible party information, police report, witnesses, any prior or subsequent accidents, and lien notices.

What should I keep in my personal injury case?

A big part of any personal injury case is proving your losses. You should keep copies of any bills that arise because of your injuries. Keep copies of your medical bills and insurance explanation of benefits paperwork. In addition to medical bills, save records of any extra costs that arise on account of your injuries.

Do I need all medical records for a personal injury case?

There are several advantages to having all medical records relating to a personal injury case: it allows a medical expert or medical profession to analyze the records to determine the cause of the injuries or, in a medical malpractice case, to determine whether doctors exercised reasonable care. Pre-existing injuries.

How do I meet with a client for a personal injury claim?

Meet with the Client / Sign Retainer Agreement / Fill Out a Personal Injury Questionnaire and Authorizations The first in-person meeting with the client is essential to establish personal rapport, explain the process, set the client's expectations, and obtain information about the client's claim.

What kinds of materials should the personal injury client bring to the interview?

Evidence through images, video and objects from the scene, for injuries and of the other person's car are necessary. Any proof for repairs and receipts that show parts were ordered and materials fixed are beneficial. All of these make a clearer observation that there is a possible valid case for the lawyer.

What can you ask for in a lawsuit?

You will need to decide what you want the court to do, who to include as plaintiffs, and who to sue. If you bring a lawsuit under Section 1983, you can ask for three things: money damages, a declaratory judgment, or an injunction. You don't have to ask for just one—you can ask for two or all three.

Can I sue for emotional distress?

It may be possible for you to sue for emotional distress, depending on your situation. The main factor that will mean you can make a claim is whether someone's negligence caused the harm you first suffered. This could be because you were hurt in an accident that was someone else's fault.

How are personal injury settlements paid?

When a settlement amount is agreed upon, you will then pay your lawyer a portion of your entire settlement funds for compensation. Additional Expenses are the other fees and costs that often accrue when filing a personal injury case. These may consist of postages, court filing fees, and/or certified copy fees.

What should I ask for in a settlement?

The following items will be factored in to a potential settlement:Past and future medical bills.Rehabilitation costs.Pain and suffering.Therapy.Lost wages and/or future income.

What are good reasons to sue?

Here are 11 top reasons to sue someone.Compensation for Damages. A common form of this is monetary compensation for personal injury. ... Enforcing a Contract. Contracts can be written, oral or implied. ... Breach of Warranty. ... Product Liability. ... Property Disputes. ... Divorce. ... Custody Disputes. ... Replacing a Trustee.More items...

What happens if you get sued but have no money?

You can sue someone even if they have no money. The lawsuit does not rely on whether you can pay but on whether you owe a certain debt amount to that plaintiff. Even with no money, the court can decide that the creditor has won the lawsuit, and the opposite party still owes that sum of money.

How do I know if my lawyer is cheating on a settlement?

Dennis BeaverThe attorney does not return phone calls in a reasonable amount of time, and;In a meeting with the client, if the lawyer is being very short, taking phone calls, trying to re-schedule, not giving enough time to the client, does not listen, ignores what is asked or is not answering questions.

What is an expert witness?

You might work with an expert witness to explain to the jury how the accident occurred or describe your injuries and prognosis for recovery. The expert may provide a written opinion of their findings. Their report is critical documentation for your injury case.

Why do witnesses write down their observations?

First, it creates a written record of important details before the witness can forget them. Second, it prevents the witness from changing their story later on.

What happens if an accident occurs at a business?

If your accident occurred at a business, employees or other business representatives might have made an incident report.

What to do if the police come to the scene of an accident?

If the police or fire department came to the scene of the accident, they probably made a report. You should get a copy of the report. A law enforcement report is a great place to start to build your case.

Is an accident the first of its kind?

Your accident may not be the first of its kind. If your injury occurred at a business or a workplace, there might be other incident reports available in addition to a police or fire report. These reports may help you prove that the other side is responsible for your injuries because they avoided known dangers and warning signs.

Why do you need a recorded statement from an adjuster?

Most adjusters will tell you that they need a recorded statement from your client to firm up liability or to assess credibility. Providing a recorded statement rarely results in a finding in your favor on liability, nor will the adjuster fall in love with your client over the phone and offer more money.

Why should a case be valued by some multiplier of a client's specials?

The idea that a case should be valued by some multiplier of a client's specials favors the insurance company when the plaintiff's personal injury attorney looks at raw data and is influenced by it, especially when accident attorneys do not do the things they need to do to win cases and maximize the settlement offer.

Do insurance companies call you back after you have obtained service?

In some personal injury accident cases, the carrier will call you back after you have obtained service on the defendant and increase their offer now that your case is in suit. It is good to keep track of which insurance companies do increase offers post suit and which do not.

Is a physical therapist your buddy?

The Physical Therapist Is Not Your Buddy. Tell your personal injury clients that their physical therapists are not their friends, counsel or confidants. It is important that the client tell the health care provider everything necessary to provide proper care and treatment.

Can a defense attorney subpoena a doctor's file?

Defense attorneys will always subpoena a doctor's file, which usually includes all correspondence. Asking a doctor an opinion on causal connection is one thing, but telling the doctor what you need him to say is another. Another request by attorneys that I have seen in the past is a request to change a report.

Why do we need a checklist for personal injury cases?

A checklist is helpful because it can be placed in the front of the client's file, so that each task can be checked off as completed. That way, with a quick glance at ...

What to do if case has not settled?

If the case has not settled, be sure to file the complaint well in advance of the statute of limitations. If you are still in the middle of settlement negotiations, but the deadline is approaching, file anyway, and send the adjuster a letter with a file-endorsed copy of the complaint, explaining that you needed to file due to the statute of limitations but that you are hopeful that the matter can still be resolved by way of settlement.

How long does it take to follow up with an adjuster?

Be sure to calendar a follow up with the adjuster and the client in 30 days. Following up communicates to both of them that you are organized and on top of the file. Additionally, it is a good rule of thumb to respond to any communication within 24 hours.

What is the first in-person meeting with a client?

The first in-person meeting with the client is essential to establish personal rapport, explain the process, set the client's expectations, and obtain information about the client's claim. First, explain the terms of the Retainer Agreement, and answer any questions that the client may have.

Why is it important to contact witnesses early in a case?

Contacting witnesses early in the case will be important because their memories will be fresh. You can also determine early on, if there will be particular challenges to your client's case or inconsistencies that will need to be addressed.

Can you start a demand letter without a police report?

Do this as soon as possible, because without the records, you cannot begin the demand letter. Request any other records that may be appropriate for your case that you have not already received, such as the police report, wage loss records, and/or property damage estimates.

Where do personal injury lawsuits start?

A personal injury lawsuit technically begins when a " complaint " is filed in the local branch of your state's civil court. The complaint is a legal document setting out the facts and legal basis for your claim against the defendant.

Why do lawyers set cases for trial?

Often lawyers are forced to set cases for trial in order to put enough pressure on an insurance company to get a reasonable settlement offer. Getting a trial date from the court is a simple matter—your lawyer just sends the court a written request. It's what happens next that you have to be concerned about.

What is a complaint in court?

The complaint is a legal document setting out the facts and legal basis for your claim against the defendant. This complaint must be filed within the time limit set by your state's statute of limitations. But the real action of a lawsuit does not begin until the defendant and his or her lawyer are formally brought into the case when your complaint ...

What is the decision to serve the defendant?

The decision of when to serve the defendant, and therefore when to start the expensive and often stressful course of a lawsuit, depends on whether settlement negotiations are making any progress. If they are not, your lawyer may feel that proceeding with a formal lawsuit is the only way to pressure the insurance company to step up ...

What happens if you decide that what the insurance company is offering is just not enough?

If you decide that what the insurance company is offering is just not enough, even after your lawyer has done everything possible to persuade the insurer of your damages and the other party's liability, you may end up in a trial.

What does it mean when an insurance company has not come up with a settlement offer?

This means that the insurance company has not come up with a reasonable settlement offer and there are no more legal maneuvers, short of setting for trial, available to pressure the insurance company. Also, once the case is set for trial, the pace of legal maneuvering and preparations may speed up dramatically.

Can an insurance company force a lawyer to do more work?

Nor can it force your lawyer to do any more work, or run up more in expenses, than the lawyer decides is necessary to investigate and prepare your claim. But once a formal lawsuit begins, your lawyer may have to do considerably more work, including responding to steps initiated by the insurance company's lawyers.

What is the HIPAA law for subpoenas?

When drafting a medical records subpoena, you must be aware of state laws and the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) requirements. For example, in Florida, both the HIPAA Privacy Rule and state law give you the right to access medical records. The HIPAA Privacy Rule sets standards for records across ...

Why do we need to review medical records?

Another big reason for accessing and reviewing medical records is that it helps the at-fault person understand the claimant's preexisting injuries. For example, let's say the claimant was injured falling into a sink hole outside a grocery store.

How to request medical records?

The request can be sent via regular mail or fax, and many larger care providers allow patients to request records through an online portal. If you mail or fax the request, it's usually a good idea to call the medical provider to confirm receipt.

What to know when filing a personal injury claim?

When you file a personal injury claim, one of the first things to understand is that your medical records (and your medical history) are going to be a main focus, since you're essentially asking for compensation for injuries (" damages ") from the at-fault person or business. Any hospital or health care facility where the claimant sought medical ...

Why is a request for release of medical records denied?

A request for release of medical records may be denied. One reason for denial is lack of patient consent. For example, in a civil lawsuit over assault and battery, the person being sued may want to obtain the injured person's medical records to use in court proceedings. The alleged batterer may try to request the release of medical records.

Why is my medical record denied?

A request for release of medical records may be denied. One reason for denial is lack of patient consent.

What does a medical record request include?

In some states, the request must include the law or statute that allows the release of medical records to patients or authorized third parties.