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WHAT HAPPENS DURING MY MEETING WITH A QUEENS INJURY ATTORNEY?
April 2024
You have been injured and you think that it may be the fault of someone else. You have taken the first step that most people will never do, and that is to reach out to someone for help. But what happens next?
If you have called and made an appointment with an attorney for a consultation, you may be wondering what the process and meeting will be like. As there are many different attorneys and law firms, each with their own process and style, this is not a one-size-fits-all guide, but a general overview of that first consultation appointment.
First, the attorney will want to get a detailed version of the facts of the case. For an auto accident, this will include the date and time of the accident, whether the police were called and if a report is available, the weather conditions at the time, the road conditions at the time, whether any passengers were in the vehicle, the extent and nature of the injuries, what treatment has taken place and what treatment is planned for the future, the damage to the vehicles, the identification of all drivers and passengers, any pictures of damage to vehicles or injuries, names and identification of any potential witnesses, etc.
As you can see, even for a straightforward 2 car collision, there can be many facts that will need to be established, and the sooner your attorney knows about them, the better prepared he or she can be to maximize your case.
On the other hand, for a medical malpractice case, the attorney will want to know your medical history, including any prior hospitalizations, any prior illnesses or diseases that have been previously diagnosed, prior surgeries, how often you go to the doctor, the reason you went to the target doctor/hospital, the complaints you were experiencing, the treatment you received, the conversations you had with your doctor, any subsequent medical/hospital visits, visits with doctors or hospitals that are not involved in the potential malpractice claim, the extent and nature of your injuries, whether you missed any time from work or school, etc.
In addition to gathering all the facts and your recollection of the events, the attorney will also want to have copies of medical records or police reports if they are available. For an auto accident case, if you have spoken to your attorney early in the process, there may not be extensive medical records available. In a medical malpractice claim, often there are voluminous records from the target hospital or doctor, and there are certainly records from prior complaints or illnesses that need to be examined.
For a medical malpractice claim, depending on how much medical documentation you have, an attorney may not be able to tell you at the first consultation whether your case has merit and can be pursued. One requirement that the Courts impose on attorneys pursuing medical malpractice lawsuits is that at least one medical professional must be consulted and offer an opinion, based upon a review of records and that professional's experience, knowledge and expertise, that there is a meritorious claim for malpractice, based upon the information available. In the case of a medical malpractice initial consultation, the initial visit may just be setting a foundation for a future visit, once all the records are reviewed, or additional records ordered, and the expert has given their opinion as to whether your treatment was below the standard of care, and thus there is a good claim of medical malpractice.
Just because you cannot get an answer at the first consultation does not mean that the first visit is not important. Although medical records contain valuable information that is necessary to pursue the lawsuit, the history and your recollection of the circumstances is also important when deciding whether a malpractice claim is likely to be successful. It is important to try to recall the timeline of events, and what instructions the doctor or hospital gave to you. It is also important to not withhold or hide information, such as not attending scheduled future medical appointments, or not following a doctor's orders, as that information will be discovered eventually.
It is far better to have all the information up front so an attorney can plan and strategize for it, to minimize any potential negative affect, or to emphasize other factors that may make that information not as important or impactful. Instead, if your attorney is taken by surprise at a deposition, or worse, at trial, there might not be much he or she can do to minimize the damage.
Similarly, in a personal injury action, it is important to let your attorney know every fact, whether it helps or hurts you, as often a fact that you may think is damaging or deadly to your case can often be mitigated or does not have the fatal impact you think it does. Again, it is important that your attorney know these types of facts as soon as possible, because the defense attorneys are also working on getting records and gathering facts, and if the defense attorney knows a damaging fact before your own attorney does, that can limit the options and keep your attorney from giving you the best chance at success.
Often at an initial consultation, a potential client decides to hire that lawyer or law firm and get their case started right away. Documents need to be signed, such as a retainer, and in the case of a personal injury or medical malpractice suit, authorizations for medical records also need to be signed so that medical records can be ordered, and authorizations can be provided to defense attorneys once the lawsuit is underway. It is important to ask questions and understand all of the documents that you are signing, and those questions are best asked when you have the documents in front of you and the attorney is available to provide an answer.
The initial consultation is also a time to meet, either face to face or via a virtual meeting app and determine if there can be a relationship between you and your attorney. The relationship you enter will take several years and must be based on a level of trust between you and your attorney. Your attorney must be able to trust that you are providing all the relevant information, and not withholding a fact that could be damaging if it is a surprise, like a prior accident, declaring bankruptcy, or a prior injury or illness in the same area as the current case. Likewise, you must be able to trust your attorney is working diligently on your case, is giving you all of the information necessary to make a decision and is complying with all of the necessary procedures and protocols that are necessary to pursue your case.
This first meeting is the time when you can really determine if this attorney or law firm is a good fit for you. You may be someone that values a large firm with dozens of attorneys and a large support staff to manage your file. On the other hand, you may prefer that you be able to reach your attorney and have time to speak with him or her, and to have time to ask questions, or schedule an appointment and be able to see your attorney and have a personal, hands-on approach by your attorney. It may even be as simple as, "Do I like this person?" If you do not have at least a working relationship based on trust and respect, it will be difficult for your lawsuit to advance and to be successful.
McCann Legal, PC
We give injured people a chance to tell their stories to insurance companies and juries so they can get paid the money they are owed.