The Benefits of an Informed PI Client

Far too many people worry about appearing uneducated or unsophisticated and will hesitate from asking questions of their Personal Injury (PI) lawyer. Clients deserve to have a clear understanding of their legal matter; what are the theories of liability and what defenses you will likely face. A client that understands the legal claims will have a better appreciation of the risks of litigation. If things go badly in the case, then at least the client has the background information needed to see how the case developed. Then, when there’s a settlement recommendation, both client and attorney can refer back to the legal arguments and supporting evidence for full understanding of the analysis.

Here’s how to foster good communication between litigator and client, with “you” addressing the former.

What’s the Damage?

You should explain all claimed damages clearly – not just generic descriptions like, “possible future medical expenses,” but a discussion with your client’s medical care provider about specific treatments, associated costs, and probability of the treatment being necessary. Develop a catalog of evidence for the defense counsel to support your claims for damages, and share with your client what documentation is needed and why. Often these discussions will uncover additional damages not previously considered.

Also, don’t brush off inquiries from your client about non-monetary outcomes for their lawsuit. Studies show that most personal injury plaintiffs consider an apology and an explanation as to what happened two of the primary reasons they are inclined to sue for their injuries. These non-tangibles are important to people and should not be treated as irrelevant to the outcome of the case.

Trial Run

An added benefit to a strong flow of questions from your client is the perspective of a lay person attempting to understand the law as applied to the particular facts. Your client is likely much more similar in view and interpretation to members of the jury than are you. Questions raised by your client will probably be echoed by jury members if you do not make a point of clearly providing the answer during testimony. If your client is confused about the legal arguments supporting the case, then a jury will probably be even more confused.

Litigation, particularly a personal injury claim, is a collaboration between client and attorney. By encouraging questions, your client will be better informed and better able to contribute more productively toward the common goal of a successful outcome.  And the risk of a surprise ending to the litigation will be greatly diminished if your client has been engaged throughout the process. Encourage questions and clear communication to not only build trust, but to improve your reputation among potential clients as well. 

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