|
1. Document your case. Where practical, you
should attempt to preserve and protect all evidence related to your case,
so that it can be reviewed and used by your attorney. For instance,
keep all medical bills, prescriptions, medicine containers, and medical
records related to the injury at issue. You should also keep any
correspondence, documents, or other records which may exist that in any
way relate to the incident in question or the person or entity responsible
for your injury. If possible, you should also take photographs of the
scene of the incident or accident and the instrumentality which caused the
injury (eg. the vehicles in an auto accident), to help eliminate argument
as to the circumstances as they existed at the time of the incident or
accident. You should also photograph your injuries over time as they
heal, so a jury can more easily understand the nature and extent of your
suffering.
2. Identify
Key Witnesses. As soon as possible after the incident or
accident, you should identify individuals who may have observed the
incident or accident, or who may otherwise have been involved. You
should ascertain their addresses and telephone numbers so that your
attorney may contact them to learn more about your case.
3. Do Not Give
a Statement Without Consulting an Attorney. You may be
contacted by the faulty party's insurance company shortly after the
incident or accident giving rise to your injury in order to give a
statement. When asked to give a statement, you will likely be asked
questions which bear upon who was at fault and the extent of your
injuries. Because this statement may be used against you later, you
should consult an attorney before agreeing to give any such statement.
4. Do Not
Delay in Consulting An Attorney. Generally speaking, a legal
doctrine called "statute of limitations" provides that you must
bring your claim (file a lawsuit) within a specified timeframe, or forever
be barred from pursuing such claim. The time periods can vary
significantly depending upon the jurisdiction, the type of case, the
plaintiff, and other factors. Many exceptions and caveats have
developed over the years in certain jurisdictions which make the
calculation of these time periods can be exceedingly complicated.
Therefore, it is highly advisable to consult an experienced attorney as
soon as possible to help you determine when the deadline is for you to
file your lawsuit.
Beyond the
"statute of limitations", many jurisdictions place additional
deadlines on claims brought against certain types of entities. For
instance, in a number of states, additional deadlines exist for persons
seeking to assert a claim against a governmental unit. These
deadlines require that the claimant put the government "on
notice" of the claim much sooner than the statute of limitations
requires that a lawsuit be filed (in some cases just a matter of months
after the incident giving rise to the claim). If notice is not
given, the claim is barred. This example illustrates the importance
of acting quickly to obtain competent legal counsel to guide you through
this legal minefield.
Besides the
consequences of missing a filing deadline, there are other important
reasons not to delay in pursuing a personal injury claim. The sooner
an attorney is hired, the soon he or she can begin investigating the
facts, interviewing witnesses, and otherwise set about obtaining and
preserving important evidence to be used in pursing your case.
Otherwise, witnesses' memories tend to fade and crucial evidence can be
lost or destroyed.
5. Do Not
Discuss the Case with Others. Generally speaking, when you
discuss your case with your attorney, the conversation is protected by the
"attorney-client privilege." However, if you discuss the
case with persons other than your attorney, there is likely no privilege
which would keep the opposing party from discovering what you said in such
conversations. The opposing party's lawyers may attempt to use these
conversations against you later on. Therefore, it is advisable not
to discuss your case with anyone other than your attorney, and those with
whom your attorney advises you to speak.
6. Keep Your
Attorney Informed. It is imperative that an open line of
communication exists between you and your attorney. You should
promptly notify your attorney if anything of significance changes with
respect to your or your case. For instance, you should advise your
attorney if you learn of new facts concerning your case, your medical
condition changes, you begin consulting a new health care provider, you
have been contacted by anyone concerning the case, etc. You should
also promptly notify your attorney in the event you change telephone
numbers, move to a new address, or plan to be out of town for an extended
period of time, as your attorney may need to reach you on short notice in
connection with a case deadline. Never withhold information from
your attorney, even if you think the information is not that important or
may be detrimental to your case. Your attorney needs to know
everything there is to know about your case.
7. Follow Your
Attorney's Instructions. It is a personal injury attorney's job
to steer his client through the complex and often confusing process of
pursuing a personal injury claim. Conversely, it is the client's responsibility
to listen to the attorney, and to diligently follow his or her
instructions. Be mindful of any deadlines of which your attorney
makes you aware, as failing to comply with such deadlines may negatively
impact your case, or even result in the dismissal of your case. Only
discuss the case with those whom your attorney has given you
permission.
|
|
