The first thing any Personal Injury Attorney should do when a client enters his/her chambers is to conduct an initial client interview. This is the part where the client makes known to the attorney the reason of his/her visit. In most law firms, this must be preceded by an appointment. Other firms however allow “walk in” clients with no appointments. At this stage, the client does most of the talking while the lawyer does the listening. An experienced lawyer will however be keen to subtly influence the client into giving relevant information. For less outspoken clients, the attorney must ask for the “what’s, when’s, and who’s” that triggered the client’s desire to obtain legal representation. It is at the Initial client interview that an Attorney-at law decides what course of action to take.
The second step to be undertaken by a Personal Injury Attorney Richmond VA is the determination of the cause of action. The cause of action refers to the basis in which a legal claim is founded upon. In personal injury suits, 3 core factors must be established for a cause of action to stand:
Duty of care
The attorney must ensure that a duty of care was owed to his/her client by the intended defendant. A duty of care is simply a legal obligation on the part of the defendant to act or refrain from acting in a certain way.
Breach of the duty of care
The lawyer must also enquire from the client whether a breach of the duty of care mentioned above has occurred. Breach in this regard entails conduct in direct contravention to the duty imposed by the law. In context, where the plaintiff intends to sue the other motorist with whom the accident occurred for negligence, a Personal Injury Attorney must establish that the said motorist with whom the accident occurred breached the legal obligation of care imposed on him/her. Breach of that duty may be through reckless conduct, over speeding and failure to act reasonably to prevent occurrence of the accident (such as braking, swerving etc.).
For a cause of action to properly stand, the plaintiff should show that damage was suffered as a result of the accident. Proof of damage is evidenced by injuries attributed to the accident. This could be physical or psychological.
The third step to be undertaken by a Personal Injury Attorney Richmond VA is the collection of evidence. After all the information from the client is obtained verbally, a good attorney must seek proof of the same. After all, court battles are not won by mere assertions. They are won through adducing evidence. Evidence in this regard includes police reports confirming occurrence of the accident, a doctor’s report evidencing admission of the client in hospital and subsequent treatment- among other things.
After ensuring that all the above tests are satisfied, a Personal Injury Attorney can satisfy that the case is fit for trial and commence legal proceedings.
To contact a Personal Injury Attorney Richmond VA, visit garyhershner.com and obtain a free initial consultation with a renowned law firm specializing in Accident claims.