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Handling the P.I. Case

Handling the P.I. Case. Attorney’s Role. The P.I. Case. No “cappers” or “ambulance chasing” The initial interview Determine factual basis for cause of action Not always possible Names/info re witnesses Insurance information (P and D) Injury information Retainer Agreement/Letter

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Handling the P.I. Case

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  1. Handling the P.I. Case Attorney’s Role

  2. The P.I. Case • No “cappers” or “ambulance chasing” • The initial interview • Determine factual basis for cause of action • Not always possible • Names/info re witnesses • Insurance information (P and D) • Injury information • Retainer Agreement/Letter • Must be in writing • Set out scope of representation • Establish attorney fees • Establish liability for costs • Written summary of interview

  3. The P.I. Case cont. • Completing the initial interview • Advice/information to client • Calendaring (tickling) for SOL and other dates • Letter to D’s insurance (or to D if insurance unknown) • If D has no insurance, then verify U.M. coverage • Investigation • Sometimes private investigators • Obtain copies of police reports • Interview witnesses • Locate other witnesses? • Relevant photographs • Google searches? (i.e. NTSB/NHTSB)

  4. The P.I. Case cont. • When medical treatment ends, settlement negotiations • Demand letter • Informal face to face negotiation • Settlement • Compromise and Release (C and R) • Settlement check • Trust account issues • Disbursement: Liens, attorney fees and costs, client

  5. Issues with a Minor Plaintiff • Court approval required for • Attorney fees (generally limited) • Settlement (Minor’s Compromise) • Judicial Council Form • Often court hearing required

  6. Litigation • File/present all claims • File Complaint • Optional Judicial Council Forms • Auto Accidents, Product Liability, Premises Liability, General Negligence • County where accident happened or defendant resides • Prayer • Issues with a Minor Plaintiff: Petition for Guardian ad Litem • Have Summons Issued

  7. Service • Personal • Substituted • Acknowledgement and Waiver • Publication • Out of State

  8. Responsive Pleadings • Answer • Optional Judicial Council Form • Demurrer • Motions • Time for Response

  9. Discovery: CCP 2016 et seq. • Interrogatories: Judicial Council Form • Demand for Production/Inspection • Depositions • Party or Non Party • Records • Demand for Medical Exam • Request for Admissions: Judicial Council Form • Exchange of Expert Information

  10. Discovery—Limited Jurisdiction • CCP §94 • Combination of 35 Interrogatories, Demands to Produce and Admissions • One deposition • Med Exam and Expert Disclosure • Case Questionnaire • Request for Statement Identifying Witnesses and Evidence

  11. Pre Trial Proceedings • Alternative Dispute Resolution (Arbitration, Mediation, UNE etc.) • Case Management Conferences • Settlement Conferences • CCP 998 Offers

  12. Pre trial motions • Summary Judgment Motion (CCP 437c) • Common defense motion • “plaintiff can’t prove case”

  13. Trial Procedures • Trial Notebook • Prepare proposed jury instructions • (CACI—www.courts.ca.gov) • Subpoena witnesses • Subpoena documents • Notify Experts

  14. Post Trial Procedures • Motions • New Trial; Judgment N.O.V.; Additur, Remittitur • Collection • Appeal

  15. Litigation Alternatives • Binding Arbitration • U.M. • Agreement • Many medical practitioners include in forms • American Arbitration Association

  16. http://resources.lawinfo.com/en/Videos/index.html

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