BODILY INJURY CASE OUTLINE
THOMAS L. ROUSE
MAY, 2005
PRE-SUIT
Initial Client Interview
A. Obtain only basic facts – no confidential information – for conflict check
B. Accept representation
1. Representation letter to client
2. Fee agreement to client
3. Medical Authorizations to client (HIPPA)
4. Wage/employment Authorizations to client
C. Investigation only
1. Explanation letter to client
2. Necessary authorizations to client
D. Decline Representation
1. Explanation letter to client
2. Appropriate file documentation for conflict analysis
Substantive Client Interview
A. Complete details of incident
1. Determine statute of limitation and calendar it.
2. Determine all participants and witnesses
3. Determine appropriate insurers (who is paying the bills?)
*Representation letters to PIP insurer
*Representation letter to tortfeasor’s insurer
*Representation letter to Medicare/Medicaid
B. Personal History
C. Work History
D. Medical History
E. Previous accidents/incidents
F. Skeletons in the Closet
1. Criminal record
2. Drugs and alcohol
3. Infamous relatives
4. Litigious
G. Obtain what records client has already
H. PIP application completed?
I. Give client a worksheet to complete (homework)
J. Are all fee agreements, authorizations and releases signed?
Obtain and Organize in Notebook
A. Accident/Incident reports from police, employer, store, etc.
B. EMS run sheet
C. Medical records
1. Emergency room chart
2. Family doctor chart (Primary Care Physician)
3. Specialist/Treating doctor charts
4. Chiropractic charts
5. Physical Therapy charts
D. Medical bills (with codes)
1. Place into spreadsheet (by date incurred)
2. List of amounts paid by PIP and other health insurers
3. Organize actual bills by provider (to assist with testimony)
[This allows us to determine the subrogation amounts and
the client’s actual out-of-pocket costs]
E. Photographs of scene, vehicles, injuries
F. Federal and State income tax returns with w-2 forms for 5 years
G. Off work slips from doctors
Status Letter to Client
1. remind/inquire of MMI
2. Recommend more/different treatment and different providers
Prepare tentative Jury Instructions
[Hopefully, the client will obtain maximum medical improvement within the statute of
limitations period so that the claim can be analyzed and a demand for settlement made
before a lawsuit has to be filed.]
Decisions attorney needs to make:
A. Does client need a special medical exam (Plaintiff’s IME) do and medical care,
treatment or residual disability issues?
B. Does client need an economist for analysis of wage loss and earning impairment?
C. Does client need a vocational expert for analysis of impairment’s effect on ability
to work?
D. Does client need an accident reconstructionist, human factors expert or other
technical assistance?
E. Do we need to interview the police, squad personnel or fact witnesses?
F. Who should be used to mediate settlement?
G. Special medicare/Medicaid considerations?
LAWSUIT
Reasons for timing of and filing of lawsuit
A. Statute of Limitations
B. Rejection of demand
C. Reaction of Carrier to demand (delay, ignore, etc.)
D. Client’s wishes
E. Length of recovery time
Decisions to be made about lawsuit
A. Jury demand or bench trial
B. State or Federal Court
C. Venue and division
D. Notice pleading or detailed complaint
E. Injunctive relief sought (destruction of evidence, possession of vehicle, etc.)
F. Service of process method (Sheriff, certified mail, secretary of state.)
Pleadings
A. Complaint
1. Verified?
2. Jury demand?
3. SOP method?
4. Cert mail notice to all potential subrogors
B. Answer
1. Compare to complaint to see what was admitted
2. Exactly who is answering?
C. Counterclaims or cross claims filed?
1. Responses due when?
D. Third Party Pleadings or adding parties necessary to adjudicate issues
E. Motions to dismiss, amend, answer out of time, etc.
Discovery
A. Written discovery to Defendant
a. Get Defendant’s version
b. Admission requests
c. Expert disclosures
d. Document requests
B. Attending to written defense requests to client
a. Get to client quickly with deadline info and suggested responses to the
“lawyer” questions.
b. Details, details, details
c. Provide as much documentation as possible
d. Respond timely (the quicker we answer, the quicker we settle)
e. Give the defense an authorization if requested with caveat that we get copies
of everything they obtain using the release.
C. Client’s deposition
a. Preparation/procedure letter and video
b. Meeting to discuss issues and answer questions
D. Depositions of fact witnesses (contested liability issues)
E. Defendant’s deposition (if necessary to establish facts not clear in written
discovery)
F. Attending to Defense Medical Exam
a. Schedule it as quickly as possible
b. Meet with client to prepare for process
c. Do we want an observer to accompany client?
d. Should we object to choice of physicians?
Trial Preparations (case is set)
A. Schedule trial depositions for medical and/or assure live testimony and confirm in
writing [get costs up front]
B. Schedule trial depositions for fact witnesses and/or assure live testimony and
confirm in writing with subpoena.
C. Send Client to physician for pre-deposition/trial examination with history and
impairment details - restrictions
D. 45 days before trial date
a. send final written discovery to Defendant
i. update earlier responses
ii. admission requests (threshold issues, too)
iii. new witnesses and/or experts
iv. exhibits D will use, photos, etc.
b. update our discovery responses (avoid Fratzke!)
c. update the trial notebook
i. medical bills and spreadsheet
ii. tabbed and indexed
iii. photos
iv. medical records not already obtained (recent visits)
v. Witness proof outlines (for every witness)
d. Revise and complete Jury Instructions
e. List and number the exhibits
f. Pre-trial memorandum for Court
g. Meet with client to prepare for testimony and process
h. Juror qualification sheets from clerk