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

Must be in writing Set out scope of representation Establish attorney fees Establish liability for costs

Written summary of interview

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)

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

Issues with a Minor Plaintiff

Court approval required for Attorney fees (generally limited) Settlement (Minor’s Compromise)

Judicial Council Form Often court hearing required

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

Service Personal

Substituted

Acknowledgement and Waiver

Publication

Out of State

Responsive Pleadings Answer

Optional Judicial Council Form

Demurrer

Motions

Time for Response

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

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

Pre Trial Proceedings Alternative Dispute Resolution

(Arbitration, Mediation, UNE etc.)

Case Management Conferences

Settlement Conferences

CCP 998 Offers

Pre trial motions

Summary Judgment Motion (CCP 437c) Common defense motion “plaintiff can’t prove case”

Trial Procedures

Trial Notebook Prepare proposed jury instructions

(CACI—www.courts.ca.gov) Subpoena witnesses Subpoena documents Notify Experts

Post Trial Procedures

Motions New Trial; Judgment N.O.V.; Additur,

Remittitur

Collection Appeal

Litigation Alternatives

Binding Arbitration U.M. Agreement

Many medical practitioners include in forms

American Arbitration Association

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