Negligence Action Checklist

NEGLIGENCE ACTION CHECKLISTINSTRUCTIONS A. Insert in all negligence files. Keep loose as top item in file.B. Refer to Action Checklist Instructions for instructions on completing each step.C. Enter follow-up dates and date each step when completed.D. Responsible party abbreviations: A = Attorney; LA = Secretary/Legal AssistantSTEP DONE NO. BY INSTRUCTION1. CLIENT INTERVIEW - PHONE Initial client contact by phone (if office interview, proceed to step 2).1.1 LA Complete Master Information List (MIL) (Interview Questionnaire) as far as possible. If insurance and minor injuries (sprains, cuts, etc.) complete 1.2 through 1.4. If major injuries, (fractures, unconsciousness, or more than emergency room hospitalization - treat as major), proceed to 1.5.1.2 LA Direct client to see the doctor.1.3 LA Set up office interview with Attorney and proceed to step 1.4.1.4 LA Mail Client Instruction Brochure (AAL-1) with Attorney Retainer Agreement (AA-1) and Client Records Authorization (AA-2) with SASE.1.5 LA If major injuries, set up attorney interview with client and prepare Retainer (2 copies), Records Authorizations (3 copies). If State Workers Compensation or LSHW claim involved, include appropriate Department of Labor Claim Forms, Power of Attorney, Verification and Forma Pauperis forms (WC-1, WC-2, WC-8, WC-9). Proceed to step 2.2. CLIENT INTERVIEW - OFFICE Attorney or Legal Assistant completes preliminary information on Master Information List.2.1 A Determine whether to accept case and give information to LA for preparation of Retainer Agreement (2 copies AA-1), Records Authorization (3 copies AA-2), Department of Labor Claim Forms, Power of Attorney, Verification and Forma Pauperis forms, as needed. NOTE: If minor client, in preparing Records Authorization, put minors name at end of each paragraph and above signature line. Insert by and put parent or Tutors name under signature line.2.2 A Explain case procedure; give client Instruction Brochure (AAL-1); introduce Legal Assistant to complete Master Information List and forms.2.3 LA Complete MIL and have client sign and date Retainer Agreement, sign Records Authorizations, (Department of Labor Claim Forms, Verification and Forma<<<<<<<<<********>>>>>>>>>>>>> 2STEP DONE NO. BY INSTRUCTION Pauperis Oath, if Workers Compensation claim to be made). 2.4 LA Make future arrangements with client to: _____Complete any forms and sign LSHW Claim _____Mail in bills and receipts _____Obtain additional information needed to complete MIL _____Pictures or diagrams to make _____Locate and bring in witnesses Proceed to step 3. 3. OPEN FILE Open file and distribute index cards using multi-part system. Diary prescription date reminder cards - white, blue and red. 3.1 LA Open Control File: Left Side Right Side Negligence Action Checklist Notes to Do Action Checklist Instructions Trial Notebook Master Information List 3.2 LA Opening Working Files: Use 10 file folders in expandable folder; insert materials in file chronologically as received, keeping categories together: Left Side Right Side (1) Correspondence File New Case Memo Notes to Do Fee Contract Correspondence (2) Investigation File Master Information List Notes to Do (copy) Reports - Experts Statements Diagrams & Photos Accident Reports (3) Pleadings File Pleadings - Defendant Pleading Summary Sheet Pleadings - Plaintiff (4) Discovery File Defendants Discovery Pleading Summary Sheet (filing & answers to Ps Plaintiffs Discovery discovery) (5) Medical File Medical Expense Medical Treatment Summary Sheet Summary Sheet Medical Bills Medical Reports & Records (6) Earnings & Other Damages File Defendants Plaintiffs Lost Earnings<<<<<<<<<********>>>>>>>>>>>>> 3STEP DONE NO. BY INSTRUCTION Experts/Reports 1) Economist Report 1) Economist Other Specials 2) Other estimates (7) Expense File Court Costs File Expense Sheet 1) Court costs & court Printout (monthly) reporters Non-Medical File Expense 2) Expert receipts Deposition/Witness fees 1) Experts, Travel, Invest, etc. (8) Settlement File Defendants offers Settlement Worksheet Settlement Letters/Brochure (9) Research File Damages Liability (10) Miscellaneous File 3.3 LA Open additional files as needed. Exhibit file for photographs and original exhibits. Separate files if originals become bulky and unwieldy. Proceed to Step 4. 4. DIARIES AND CALENDARS LA enters case information and appropriate dates on Action Checklist and Pleading Summary Sheet. 4.1 LA Enter target date for completion of investigation in 30 days. 4.2 LA Enter prescription date in Attorneys and Legal Assistants diaries in Red ink.4.3 LA Check that all forms are completed and signed: _____ Client Retainer Agreement (AA-1) _____ Client Records Verification Authorization (AA-2) _____ Verification (WC-8), if needed _____ Forma Pauperis Oath (WC-9), if needed _____ State or LSHW claim form (mail within 10 days of accident) 4.4 LA If not completed, diary to follow up. When completed, proceed to Step 5.5. NOTICE OF REPRESENTATION Attorney makes preliminary determination of proper parties, plaintiff and defendant. Return to Legal Assistant for notice of representation. 5.1 LA Send notice letter to defendant party/insurance company and appropriate Department of Labor claim forms. Describe injuries and disability if known.<<<<<<<<<********>>>>>>>>>>>>> 4STEP DONE NO. BY INSTRUCTION5.2 LA Send out Referral Thank You Letter (AAL14).6. INVESTIGATION Legal Assistant and Attorney determine investigation required using Checklist. As time required, enter target date for completion on Checklist.6.1 LA Send out request for following information, as required: _____ Insurance information, if unknown (AAL-6) _____ Ownership of defendant auto, if unknown (AAL-7) _____ Hospital emergency room records (AAL10 & 11) _____ Police Accident Report (AAL-3) _____ City Directory information on defendants _____ Defendants driving record (AAL15) _____ Corporate Defendants agent (AAL13) _____Newspaper articles and photos _____ Physical objects involved in accident, if necessary preserve evidence. Diary to follow up on requests. Proceed to Step 6.2.6.2 LA Review Action Checklist with Attorney for further investigation required. Legal Assistant obtains information or contacts investigator to complete steps checked off.6.3 LA Enter deadline dates for completion of Checklist. Date and file tickler card for further investigation deadline dates.6.4 LA When investigation completed, proceed to Step 7.7. PRELIMINARY CASE EVALUATION Upon