Mistakes Lawyers Make in Pennsylvania Injury Cases

      Number one, they donıt provide information to their clients about their cases. Theyıre inaccessible, they donıt return their phone calls, they donıt let their client know about his/her case. And they donıt have anybody on their staff who is authorized or capable of letting the client know whatıs going on.

      They just donıt communicate well.

      The first thing that I do that other people donıt do is that I talk to the client. I conduct the initial interview and spend usually an hour and half with each client at the beginning. I give them the names of who to call on my staff if they have any questions, or if any problems come up.

      I tell them that if they have an emergency they can reach me 24 hours a day, either during office hours or calling my answering services after office hours.

      If we donıt hear from somebody every two to three weeks I write them a letter. I say ³call us, let us know. We need to know whatıs going on.

      If something goes bad with their case and I have to drop it because I canıt get them any money, I tell them why I dropped it.

      I just try to communicate.

      The second most common mistake is that lawyers try to do personal injury as part of a general practice rather than concentrating on just personal injury. And that causes the personal injury cases to be neglected. Because with the emergencies that occur in a general practice every week, theyıre not able to invest the time in your personal injury cases that they should.

      And Iım telling you that thatıs exactly what happens. Iıve been there . . . and thatıs what happens.

      The third biggest mistake is that lawyers do not plan for the worst. Most lawyers are pollyannaish about their cases, believing that theyıll be able to settle them­rather than having to try them. And they donıt do the things on the front end that need to have been done if you have to try a case.

      They donıt investigate it, they donıt get pictures of their clientıs injuries or of vehicles or equipment or location of where the injury took place. They donıt identify, locate and interview witnesses. They donıt investigate the actual mechanics of the injury. You have to go out and make sure that what the client tells you is possible. Then you have to determine if it was probable in cases where liability is in question by hiring an investigator or accident re constructionist.

      Iıd say that the fourth mistake lawyers make is that they donıt investigate and obtain records of prior injuries and/or prior medical treatment. This is important because that determines whether you have a claim for essentially a new injury or you have a claim for an injury that existed before the injury in question that made it worse.

      Itıs new versus what lawyers call aggravation of pre-existing condition. And thatıs critical because itıs a trap for the client. Because if they present this as a new injury to their doctor or their specialist or their lawyer or the jury, and it turns out that itıs an aggravation--itıs something that was made worse by their injury--then theyıre going to get eaten up. Their credibility is going to be destroyed.

      On the other hand, if youıre thorough at the beginning of the process, you can question the client. For example, you can say ³Look, have you ever had any problems with your neck?² And so on.

      But lawyers take what their client tells them at face value, and then they and their client gets blown away. So I guess this comes back to they donıt obtain enough information about prior injuries in the initial interview.

      A fifth mistake is not filing suit against everyone potentially liable, or failing to file suit and getting service within the applicable statue of limitations. At this time in Pennsylvania, if you file suit but do not get service within 30 days you must refile.

      I think another mistake that many lawyers make is not being realistic with their clientıs as to the value of the claims. So there are a lot of clients that get disappointed with what they get. This is a failure of communication and preparation of the client as to the realistic value of the claim.

      In other words, theyıre not getting the straight story.

      A final common mistake lawyers make in PI cases is that they donıt start them immediately. One way to compare the way most lawyers work on PI cases is to compare them with the way that adjusters for insurance companies work.

      An adjuster for an insurance company immediately goes and obtains pictures of the scene, and has telephone interviews with the injured party and any witnesses. They have a checklist and they do everything on the checklist as soon as possible. They do it because itıs important to collect this information shortly after the accident while details are still fresh in everyoneıs mind

      Most lawyers put off doing the actual nitty gritty of the investigating of the case until just before trial. And thatıs why they get their ass kicked.