PPSOver the years, I have consulted with dozens of law firms, helping each of them improve their paralegal/tort support staff. One thing that has remained consistent is the overwhelmingly subtle things that result in money being left on the table. Here are five easy tips to help you cash out and increase you and your client’s bottom line.
- Don’t underestimate the significance of an impact statement.
Impact statements seem to be the most underestimated tool in your arsenal. Imaging being an 18 year-old high school graduate. You’re young, vibrant, full of life, with life long dreams of becoming a supermodel. You have dreamed of this since you were 5 years-old and have even taken modeling classes. One day, while driving home from your modeling class, someone runs a stop sign and hits you on the driver’s side. The impact was so severe, that you hit your head on the window, causing you to have a 3 inch gash on your forehead. As the months go by, you notice the scar now begins to keloid. And to make matters worse, the plastic surgeon that you consulted says reconstructive surgery is not an option. You see your hopes and dreams begin to quickly fade away.
While reading that, did it tug at your heartstrings? If you have any ounce of empathy, I’m sure it did, even just a little. And to put things in perspective, that description sounds much better than saying something along the lines of:
“Ms. Jane Doe was seen at Imaginary Hospital where she received sutures for a 3 inch slash on her forehead”.
Your client went through a traumatic incident, and the insurance company should be made aware of these traumatic moments and how it will affect your client in the future.
2. Don’t Forget The Injuries
Have you ever had a client have complaints about right knee pain but when you got the medical records, there is no mention of knee pain? Well, that’s ok, you can still add it in your demand. Of course, it always helps when it is medically documented but we are all human and we all miss things. But that should not stop you from adding this missing information. It would actually be a great idea to add it under the impact statement. It will help add value to your client’s case.
3. Consider Your Paralegal’s Opinion
As a paralegal, this may seem as if it is coming from a biased point of view, but just hear me out for a moment. Your paralegal has typically invested more time into the client, and therefore, he/she has more insight on case details. Just ask yourself, how often do you have to ask your paralegal for “minor” details of the case. How often do you have to ask the paralegal how their conversation went with the client, before you return the client’s phone call? How often do you speak to the insurance adjuster? How often are you in contact with the medical providers? And of all the times you have asked your paralegal anything about the case, how often does the paralegal knows pertinent information regarding the case, without checking the case file?
As the attorney, your livelihood is on the line. You’re responsible for everything the paralegal does, so if you trust your paralegal so much that you’re not concerned about getting a malpractice lawsuit, surely you can consider his/her thoughts when preparing a demand. You would be surprised how often attorneys will disregard the very person who literally knows details about the case without checking the case file? And more often than not, your paralegal knows minor details about ALL of the cases. When I worked at one of Atlanta’s biggest and arguably one of the most prestigious law firms in the state, it wasn’t uncommon for each paralegal to have about 130 active personal injury cases, but almost all paralegals could recollect almost every detail of every case when questioned by the attorney.
4. Be Sure Your Client is Getting Proper Treatment
One of my first consulting clients, would tell his paralegals to only refer clients to chiropractors. Now, generally, going to a chiropractor is a pretty good starting point. However, all injuries are not the same. You can have four people in the same car accident, but each requires a different specialist.
If someone is having constant knee pain, he/she may need to see an orthopedic specialist. If someone is having continuous headaches, he/she could probably benefit from seeing a neurologist. Ultimately, the decision should be made by the client and his/her doctor, but as the attorney, often times, you have to provide a starting point of some sort.
The best way to be sure your client is getting proper treatment is by actively doing case management calls. Calling, emailing or even text messaging (because we are a generation of texters, so your client may appreciate text messages) two to three times per month can be the difference between a client who has a delay in treatment and a client who gets the proper referral to the proper specialist.
5. Preserve the Evidence
Ok, so this is tort support 101, right? Well, countless attorneys aren’t directing their paralegal to send spoliation letters to trucking companies nor are they directing their paralegals to send spoliation letters to businesses where a slip and fall has occurred. Intentional spoliation of evidence is a violation of law but that doesn’t mean the tortfeasor will preserve the very evidence that can and will be used against them in the court of law.
Imagine walking into your local eatery. As you open the door, the “non-slip” rug, slips from under you, causing you to fall back, hitting your head, knocking you unconscious. You are rushed to the hospital where you’re diagnosed with a concussion. A few days later, you hire an attorney. As months pass and you finish up your treatment, your trusted paralegal, who has oddly become more like your best friend throughout this entire ordeal, prepares a demand package that fully captures all the pain, suffering and agony you have experienced. Unfortunately, the eatery’s insurance company doesn’t settle, so to trial you go. The attorney on your file now asks the eatery to send over the video showing your slip and fall. The only problem is, it has been well over six months, and with the video being on a loop feed that records over itself every 30 days, the video is now gone. Had the attorney’s office sent a spoliation letter initially, the evidence would have been preserved.
It is imperative that spoliation letters are sent via certified mailed as soon as possible, in order to preserve the evidence. Trucking companies often times have dash cams as well, so spoliation letters should also be sent to trucking companies.
While these five tips are just a tip of the iceberg, they can make a difference of thousands of dollars. Leaving money on the table is never a great option, so having the proper tort support is essential.
*DISCLAIMER: I AM NOT ATTORNEY NOR AM I GIVING LEGAL ADVICE. ALWAYS CONSULT LEGAL COUNSEL FOR LEGAL ADVICE. PARAMOUNT PARALEGAL SERVICE, INC. ONLY WORKS DIRECTLY WITH ATTORNEYS OFFICES. WE DO NOT OFFER SERVICES TO THE GENERAL PUBLIC*