Summary
In this latest episode of The Effective Lawyer, the Zinda Law Group team discusses how to investigate a personal injury case, or really any complicated liability case for either your clients or for your practice. As in all cases, they highlight the importance of getting your investigation underway quickly and getting to work on it immediately. Sharing their thoughts and experience with Jack are his law partners Joe Caputo and Neil Solomon.

The importance of immediate investigation

While it’s vital in all cases to get to work immediately, it’s even more time critical when investigating a personal injury case.

How to document talking to a witness

There’s lots of different ways to go about capturing a witness statement. “If you can,” says Neil, “record them while you’re speaking to them during your initial investigation. Getting a video statement is best. Even if you simply whip out your iPhone and say, ‘Hey, can I take a quick statement from you?’”

Using an investigator

When should you use an investigator and when should you go out and collect the information yourself? Joe says:

“What you don't want to do is create conflict for yourself that would make you a witness in the case and prevent you and your firm from representing the client.”

The dangers of social media

“While social media can be a treasure trove of information to find evidence for your cases, you have to make it clear to your clients not to post on social media about the case or about their injuries,” warns Neil, “unless they want the jury or the defendant to see it.”

Top tips for new personal injury lawyers

• Don't take liability for granted on the investigation side
• Don’t just rely on the crash report
• Get physical evidence
• Do not accept conceded liability, because they won't concede it at trial
• Get out of your office, get out and go do the investigation work