What a personal injury attorney does

Here is a list of the principal tasks performed by a personal injury in preparing a case for trial.

Pre-suit legal matters

• Keep track of when the statute of limitations expires to make sure you don’t miss the deadline for filing a lawsuit.
• Obtain exact legal name and address for adverse parties.
• Give all government, medical, other statutory required notices that are required before suit is filed.
• Determine the correct jurisdiction and venue (county) in which to file your case.

Initial steps

• Conduct an initial interview with the client.
• Discuss whether the attorney will handle the client’s insurance claims for reimbursement of damages.
• Send an initial letter to the client with the terms of engagement.
• Tell the client what items of potential evidence must be preserved during the case.
• Get copies of any statements given by the client.
• Get official reports of the occurrence or inspections (e.g., police, state agency).
• Get potentially relevant documents and evidence in the client’s possession.
• Inspect the scene and the product/physical items involved.
• Get any reports of prior hearings or official proceedings regarding the incident.
• Get insurance coverage information from the client and the adverse party.
• Prepare the summons and complaint and arrange to have them served on the defendants.

Client, expert, witness

• Discuss with the client possible additional damages, e.g., consortium claims.
• Give the client lists of items to accomplish or gather.
• Instruct the client to seek medical care and mitigate damages.
• Retain and consult experts, as appropriate, on liability, medical treatment, damages, and any other matters for which an expert opinion may be necessary.
• Prepare a witness summary for each witness. (Ours, Theirs, Third Party’s)
• Determine which witnesses need to be interviewed and interview them.

Photographs; documents; physical exhibits

• Get photos of the vehicles or products involved; the scene; the client’s injuries or damages.
• Secure all physical evidence for exhibits.
• Collect all relevant documents, photos, and data in client’s possession.
• In a vehicle case, get data from car’s electronic data recorder, if one exists.
• ASAP, without damaging metadata, get the client’s basic relevant e-mails and basic electronic documents.
• Send an evidence preservation letter to the adversary.
• Meet and confer with the adversary attorney to exchange information and to agree on preservation of electronically stored data and exchanges.
• Sign a non-waiver of privilege agreement on unintentional production of privileged materials.
• When the opponent’s ESI (electronically stored evidence) preservation demand arrives, respond to it in writing.
• Phone the client, then send, by next day delivery, a letter to the client, specifically listing items that the opponent has requested be preserved.
• Five days after phoning the client, personally check with the client to monitor compliance.
• Collect, organize, and review the client’s ESI for discovery and trial.
• Produce ESI requested by adversary.
• Collect, review, and organize the ESI provided by the opponent.
• Determine which of adversary’s ESI will be objected to and prepare brief to hand to court.

Damages

• Prepare a list of the client’s medical expenses.
• Obtain the client’s medical records.
• Obtain the client’s hospital records.
• Secure all bills.
• List all special damages.
• Obtain all property damage documentation.
• Obtain loss of time and income from the client, the client’s employer, or accountant.
• Obtain the client’s pertinent income tax returns.
• Obtain all loss of income documentation.
• Obtain all loss of business and loss of profits documentation.
• Determine if subrogation interests or liens exist.
• Send the opposing party request for admissions of our client’s damages.
• Determine what is needed to prove damages at trial.
• Get those documents.
• Subpoena those witnesses for trial.

Settlement and mediation

• Set a target date for submitting initial demand/offer to the other side.
• Decide whether to set up mediation.
• Select mediator and make arrangements.

Witness designation dates; damages records; exhibits

• Decide whom to call as lay witnesses.
• Designate expert witnesses and give their reports to other side.
• Check with trial court about the permissible methods for showing exhibits and evidence to the jury.
• Prepare exhibits for trial.
• Complete video depositions that will be presented at trial of doctors and other witnesses who will not testify in person.
• Prepare and file a list of exhibits with the court.

Written discovery

• Conduct initial exchange of information prior to formal discovery
• Draft and serve requests for production of documents and/or inspection of things on all adverse parties.
• Draft and serve interrogatories on all adverse parties.
• Draft and serve requests for admissions on all adverse parties.
• Conduct on site inspections, as necessary of the scene; things; and documents.
• Obtain and review reports from adverse experts.
• Disclose to opposing attorney our expert’s names and their opinions:
• Respond to written discovery (interrogatories, requests for production, and requests for admission) from adverse parties.
• Review discovery responses from adverse parties.

Depositions

• Decide which of opposing party’s witnesses to depose.
• Schedule depositions.
• Prepare for and take depositions.
• Prepare client, experts, and other plaintiff’s witnesses for their depositions.
• Attend and defend depositions.
• Summarize all depositions and edit them for trial.

Motions

• Research legal issues including admissibility of evidence at trial.
• Prepare and serve on opposing party all appropriate motions including:
• Motion for partial or full summary judgment.
• Motion for exclusion of expert testimony of adverse expert witness.
• Motions in limine for exclusion of evidence.

Final preparations for trial

• Prepare certificate of readiness, note of issue, or other court requirements to get a trial date set by court.
• Amend pleadings as if necessary.
• Alert all witness (doctors, experts, client, others) of when to be at trial:
• Prepare questions for each witness.
• Send all witnesses outlines, hints on testifying, or other pretrial materials.
• Make arrangements for witnesses’ appearances.
• Prepare subpoenas for witnesses where needed and arrange to serve them.
• Meet with client and witnesses to prepare them for trial.
• Prepare jury instructions and send to judge and adverse counsel.
• Prepare all materials required by judge’s pretrial orders.
• Become familiar with electronic presentation devices to be used in the courtroom (e.g., projector, input connections for our materials).
• Obtain and review jury list.
• Prepare questions for jury selection.
• Prepare opening statement.
• Prepare draft of closing argument.