The practice of personal injury law is a profound responsibility. It involves guiding individuals through one of the most vulnerable periods of their lives—often dealing with physical pain, emotional trauma, and financial distress—while simultaneously building a complex legal and financial claim. For the new lawyer, success in this field requires a meticulous blend of empathy, strategy, and relentless attention to detail. It is not merely about the law; it is about storytelling, negotiation, and human recovery. This essay provides a roadmap for handling a personal injury case from inception to resolution, outlining the critical phases and fundamental dos and don'ts for new practitioners.

Phase I: The Initial Client Intake and Investigation

The foundation of a successful personal injury case is laid the moment a potential client walks through the door.

The Dos:

• DO Screen for Merit and Conflict: Before discussing fees, conduct a preliminary screening. Is the case within the statute of limitations? Is there a clear, at-fault party? Is the injury significant enough to justify the investment of time and resources? Simultaneously, run a thorough conflict check.

• DO Manage Client Expectations: Be transparent and realistic. Explain the contingent fee structure, the potential timeline (which can be years), and the uncertainties of litigation. Emphasize that a "good case" does not guarantee a specific dollar amount.

• DO Secure the Client Relationship Formally: Use a well-drafted contingent fee agreement that clearly outlines the scope of representation, the fee percentage, and how costs will be handled. Have it signed immediately.

• DO Act with Urgency: The freshest evidence is the best evidence. Send spoliation letters to potential defendants (e.g., a trucking company or a property owner) demanding the preservation of all relevant evidence, such as vehicle "black boxes," security footage, and maintenance records.

The Don'ts:

• DON'T Promise a Specific Outcome: This violates ethical rules and sets the client up for disappointment. Avoid statements like, "This case is worth a million dollars."

• DON'T Accept Every Case: The "value" of a case is a function of liability and damages. A case with clear liability but minimal medical treatment may not be economically viable. Learn to say "no" to cases that are weak, outside your expertise, or financially unsustainable.

• DON'T Overlook the Client: The client is your best source of information initially. Get a comprehensive narrative of the incident, but also dig into their pre-existing conditions and medical history. Their credibility will be paramount.

Phase II: The Demand and Discovery Phase

Once the claim is filed, the battle of building and proving your case begins.

The Dos:

• DO Thoroughly Document Damages: This is the heart of the claim. Meticulously gather all medical records and bills, lost wage documentation, and proof of other out-of-pocket expenses. Create a detailed chart summarizing all treatments and costs.

• DO Invest in the Narrative: Go beyond the paperwork. Visit the accident scene and take photographs. Retain experts early—an accident reconstructionist, a life care planner, or a vocational rehabilitation expert—to solidify your theory of liability and damages.

• DO Master Depositions: Prepare your client extensively for their deposition. Conduct mock examinations. For deposing the defense witnesses and experts, have a strategic plan. Use their testimony to lock in favorable facts and challenge their experts' foundations.

• DO Consider Mediation Early: A successful mediation can save clients the stress of trial and ensure a guaranteed recovery. Prepare a persuasive settlement brochure that tells a compelling story, supported by the evidence.

The Don'ts:

• DON'T Undervalue Non-Economic Damages: While medical bills are concrete, the real fight is often over "pain and suffering." Use day-in-the-life videos, personal journals, and testimony from family and friends to make the intangible, tangible.

• DON'T Neglect Liens: Be hyper-aware of any liens on the recovery, such as those from health insurers, Medicaid (Medi-Cal), or ERISA plans. Failure to properly address liens can lead to malpractice claims and significantly reduce the client's net recovery.

• DON'T Be a Bully: Aggressive advocacy is different from unprofessionalism. Judges and defense counsel talk. Building a reputation for being tough but fair and ethical will serve you better in the long run than being known as obstreperous.

Phase III: Trial and Resolution

Whether the case settles or goes to verdict, the final phase demands precision and persuasion.

The Dos:

• DO Prepare the Client for Every Possibility: Discuss the risks and benefits of a settlement offer versus going to trial. The certainty of a settlement must be weighed against the potential for a higher verdict—or a defense verdict.

• DO Simplify the Case for the Jury: At trial, jurors are overwhelmed with information. Craft a simple, powerful theme. Use clear visuals, timelines, and demonstrative exhibits. Your opening statement should tell a story; your closing should bring it home.

• DO Preserve the Record for Appeal: Make your objections clearly and on the proper grounds. Ensure all offers of proof are made outside the presence of the jury. A trial win can be undone by a procedural misstep.

The Don'ts:

• DON'T Wing It: Trial is not for improvisation. Every question, every exhibit, every argument should be scripted and practiced. Conduct full mock trials to uncover weaknesses in your case.

• DON'T Ignore the Post-Trial Process: If you win, be prepared to defend against post-trial motions and a potential appeal. If you lose, debrief with the client about the possibility of an appeal and manage their expectations accordingly.

• DON'T Forget the Client at the End: Once a settlement check arrives or a judgment is satisfied, your job is not over. Guide the client through the disbursement process, clearly explaining the deduction of fees and costs, and ensure all liens are satisfied. A clear, final accounting is essential for client satisfaction and ethical compliance.

Conclusion: The Dual Role of the Personal Injury Lawyer

For the new lawyer, handling a personal injury case is a daunting but immensely rewarding endeavor. It requires the analytical mind of a strategist, the persuasive power of a storyteller, and the compassionate heart of a counselor. By adhering to a disciplined, phased approach—vigilantly investigating, meticulously building, and persuasively presenting—you can effectively serve your client's best interests. The dos and don'ts are not mere suggestions; they are the guardrails forged from the collective experience of those who have navigated this path before. They will help you avoid common pitfalls and build a practice founded not just on successful outcomes, but on professional integrity and profound client trust. In personal injury law, you are not just recovering compensation; you are helping to restore a life.