There are three important factors which determine the value of my client’s case. The first two are expected but the third may surprise you. The first is liability. How did the accident or injury happen? Who was at fault? And what was the conduct of both my client and the other party? These are essential questions in determining the extent of the liability or lack thereof. The second issue is the damages. By this, we mean how badly was the client hurt and what are the longterm effects. Those effects include a broad range of things: loss of earning capacity, future medical costs, and pain and suffering, to name a few of the most obvious ones. Of course, the value of the case increases if there are greater damages.
The third pillar is the client’s personal story. This can only be ascertained by creating a close relationship with the client. This is done through personal meetings and getting a comprehensive understanding of their personal story, such as their background and biography. Not only do I find myself looking relatively far back in the past to the pre-injury days but I also look at manner in which a client responds to an accident or injury. The resulting limitations on their work and family life are important ways to understand how the client approaches life. It is essential for a lawyer to establish that his/her client is a hard working individual and, due to the negligence of the other party, is unable to work for the remainder of the client’s life expectancy. But it is more involved than merely stating that the client is unable to work. A good lawyer will go further and convey how much pleasure the client derived from doing his/her job.
It is obviously essential to understand who you are representing. Frequent client contact is important. There are also several different sources a lawyer should use to understand the client’s personal story. It is necessary to speak with family, friends, and co-workers. What is learned can go a long way toward achieving full compensation for the client.
Two injuries which occur in similar circumstances could have very different results. This can be explained, at least in part, on the lawyer’s ability to understand, develop, and convey the client’s story through seemingly little vignettes, among other things. Those clients in a personal injury action who do not get full compensation have likely not had their stories properly developed.