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Law Office of Robert Mansour
Santa Clarita Personal Injury Blog

What I Need to Help You With You Personal Injury Case

7/18/2011

 
Essential Document Checklist for Your First Personal Injury Consultation

​Gathering relevant documentation before your initial personal injury consultation can help your attorney understand what happened, evaluate potential liability, identify available insurance coverage, and determine what additional evidence may be needed. You do not need to have a perfectly organized file before meeting with a lawyer. Even if some documents are missing, bringing whatever information you have—including photographs, insurance information, medical records, bills, correspondence, and accident reports—can give your attorney a useful starting point for evaluating your claim.

Vehicle Property Damage and Physical Evidence

Photographs, repair estimates, and other vehicle records can provide important evidence concerning the circumstances and severity of a collision. Before repairs are completed, try to preserve photographs showing the damage from multiple angles, including both close-up images of damaged areas and wider photographs showing the overall condition of the vehicle. If you have repair estimates, invoices, photographs taken by an insurance adjuster, or a total-loss evaluation, bring those materials to your consultation as well. Vehicle damage does not by itself establish the severity of a person's injuries, but physical evidence can help an attorney understand the mechanics of the collision and determine whether additional investigation may be appropriate.

If the vehicle has sustained significant structural damage, preserve documentation describing that damage, including information concerning the frame, suspension, airbags, or other major components. If the vehicle has been declared a total loss, the insurer's valuation and damage documentation may also be useful. Do not delay necessary repairs solely to preserve evidence, but if the extent of the damage or the mechanics of the collision may become disputed, discuss evidence-preservation issues with your attorney before disposing of the vehicle or making substantial repairs whenever reasonably possible.

Auto Insurance Policies and Coverage Declarations

Bring copies of your auto insurance policy and declarations page, along with whatever insurance information you have for the other driver. The declarations page can help your attorney identify applicable liability limits and first-party coverages, including Medical Payments Coverage (MedPay) and Uninsured/Underinsured Motorist (UM/UIM) coverage. These coverages can become particularly important when the other driver has limited insurance, no insurance, or when your accident-related expenses and damages exceed the available liability coverage.

If you have information about the other driver's insurance company, provide the insurer's name, policy number, claim number, adjuster's name, telephone number, email address, and any correspondence you have received. Also bring letters, emails, text messages, settlement offers, recorded-statement requests, or other communications from either insurance company. Do not worry if you do not have every piece of insurance information. Your attorney can often obtain additional information as the claim develops, but the documents you already possess can help establish what has been reported and what coverage may be available.

Medical Records, Bills, and Treatment Information

Bring information about all medical treatment you have received since the accident, including emergency care, hospital treatment, physician visits, diagnostic testing, physical therapy, chiropractic treatment, and other accident-related care. A simple list of providers and treatment dates can be extremely helpful if you do not yet have complete medical records. Include the names and locations of the providers, approximate dates of treatment, the body parts or symptoms being treated, and any outstanding medical bills you have received.

Your attorney will generally want to understand the chronology of your treatment—what you experienced immediately after the collision, when you first sought medical care, what diagnoses were made, what treatment was recommended, and how your condition has changed over time. Be candid about both your accident-related injuries and any relevant prior medical conditions. A prior injury or medical condition does not necessarily prevent you from recovering compensation, but your attorney needs accurate information about your medical history to evaluate causation and determine how the accident may have changed your condition.

Health Insurance and Government Benefits

Bring information concerning your health insurance and any Medicare or Medi-Cal coverage you have. Your health insurance information may help your attorney understand how accident-related medical treatment has been paid and whether there are reimbursement or subrogation issues that may need to be addressed when the claim resolves. If Medicare or Medi-Cal has paid for treatment related to the accident, additional reimbursement considerations may apply, so providing this information early can help prevent surprises later in the settlement process.

You should not assume that a government benefit program or health insurer will automatically take the entire amount of its billed charges from your settlement. The amount that may ultimately need to be reimbursed can depend on the applicable law, the circumstances of the claim, and negotiations concerning the amount owed. The important point is to disclose the coverage and preserve the relevant correspondence and payment information so that potential reimbursement claims can be identified and addressed appropriately.

Traffic Collision Reports and Law Enforcement Information

Bring any police report, traffic collision report, report card, face sheet, or report number you received after the accident. Depending on where the collision occurred, the responding agency may have been the California Highway Patrol, Los Angeles County Sheriff's Department, or another local law enforcement agency. Even if you do not have the complete report, a report number or information provided by the officer at the scene can help your attorney identify the agency that handled the collision and determine how to obtain the available records.

If no police report was prepared, that does not necessarily prevent you from pursuing a personal injury claim. Photographs, witness statements, medical records, vehicle evidence, insurance records, dashcam footage, and other documentation may still establish important facts concerning the accident. Tell your attorney what happened regarding law enforcement, including whether officers responded, whether you were given a report number, and whether you received any citation or other documentation.

Witness Information and Accident Evidence

Bring the names and contact information of anyone who witnessed the accident or its immediate aftermath. Independent witnesses can sometimes provide valuable information concerning traffic signals, vehicle movements, lane positions, roadway conditions, or other facts that may be disputed later. If you have photographs or video showing the scene, traffic conditions, vehicle positions, or the other driver, preserve those materials in their original form whenever possible.

Also provide information about any dashcam footage, nearby surveillance cameras, photographs taken by passengers, or other potential sources of video evidence. Surveillance footage may not remain available indefinitely, so tell your attorney about potentially relevant cameras even if you do not know whether the footage still exists. Your attorney can then determine whether additional steps should be taken to try to preserve or obtain the evidence.

Employment and Lost-Wage Documentation

If your injuries caused you to miss work or affected your ability to earn income, bring documentation showing the financial impact. This may include recent pay stubs, W-2 forms, tax returns, employment records, time sheets, disability documentation, or correspondence from your employer confirming the dates and extent of your absence. If you are self-employed or own a business, relevant documentation may include tax returns, profit-and-loss statements, business records, and other information showing how the accident affected your income.

You do not need to determine the value of your lost earnings before meeting with an attorney. Instead, provide the underlying records that demonstrate what you were earning before the accident and what changed afterward. If the injury may affect your future ability to work or earn income, tell your attorney about those concerns as well. Additional vocational, medical, or financial analysis may be appropriate depending on the nature and severity of the injury.

Insurance Correspondence and Settlement Offers

Bring every significant communication you have received from an insurance company. This includes letters, emails, text messages, claim forms, requests for recorded statements, medical authorization forms, settlement offers, property-damage correspondence, and explanations of coverage. Even communications that seem routine can help your attorney understand how the insurance company has evaluated the claim and what issues it may already be raising.

In particular, bring any settlement offer you have received and do not assume that an early offer represents the full value of your claim. Before accepting a settlement or signing a release, it is important to understand the extent of your injuries, outstanding medical expenses, applicable insurance coverage, and the consequences of releasing your claims. Once a settlement agreement and release are executed, pursuing additional compensation may become difficult or impossible.

A Simple Timeline of What Happened

One of the most useful things you can bring to your first consultation is a simple chronology of the accident and everything that happened afterward. Write down the date, approximate time, and location of the collision; what you remember about how the accident occurred; when you first noticed symptoms; when you sought medical treatment; the providers you saw; how much work you missed; and any significant developments since the accident.

Your timeline does not need to be a formal legal document. Its purpose is simply to help you remember important details and give your attorney a chronological framework for investigating the claim. As time passes, small details can become difficult to remember, particularly when there are numerous medical appointments and insurance communications. A contemporaneous timeline can therefore be useful even if some details later need to be corrected or supplemented.

What If I Don't Have All of These Documents?

Do not postpone a legal consultation simply because you are missing some of the documents on this checklist. Many accident victims will not have complete medical records, the full police report, the other driver's insurance policy, or all of the necessary employment documentation when they first meet with an attorney. Your attorney can help identify what is missing and determine which records should be obtained.

The most important thing is to bring what you do have and be honest about what you do not have. Providing incomplete information is much less problematic than guessing, exaggerating, or attempting to fill gaps with information you are not certain about. Your attorney can investigate the missing pieces after understanding the basic circumstances of your accident and injuries.

Frequently Asked Questions

What should I bring to my first personal injury consultation?

Bring whatever documentation you have concerning the accident, including photographs, insurance information, police or collision reports, medical bills and records, witness information, vehicle repair estimates, employment records, and correspondence from insurance companies. You do not need to have every document before meeting with an attorney; the purpose of the initial consultation is also to identify what additional information may be needed.

Why does my attorney need my auto insurance declarations page?

The declarations page can help identify the insurance coverage available under your own policy, including Medical Payments Coverage and Uninsured/Underinsured Motorist coverage. Those coverages can become important when the other driver's insurance is unavailable or insufficient to cover your damages.

What if I only have the police report card or report number?

Bring it to your attorney. The report number, agency name, and other information provided at the scene may allow your attorney to identify and obtain the applicable collision report and related records.

Should I bring my medical bills to my consultation?

Yes. Bring any medical bills, statements, explanation-of-benefits documents, or other treatment-related financial records you have received. Also provide a list of every medical provider you have seen, even if you do not yet have complete records from that provider.

Should I tell my attorney about medical treatment I received before the accident?

Yes. Be completely candid about relevant prior injuries, conditions, and treatment. A pre-existing condition does not necessarily prevent recovery, and knowing your medical history allows your attorney to evaluate how the accident may have caused a new injury or aggravated a prior condition.

What if I missed work because of my injuries?

Bring documentation showing the time you missed and the income you lost, such as pay stubs, employer records, tax documents, or other evidence of your earnings. If you are self-employed, bring whatever business and financial records are available to show the effect the accident had on your income.

Do I need to calculate my damages before meeting with a lawyer?

No. You do not need to determine the value of your claim before your consultation. Your attorney can evaluate medical expenses, lost income, property damage, insurance coverage, and other potential damages after reviewing the available evidence.

What if the insurance company already made me a settlement offer?

Bring the offer and all related correspondence to your consultation. Do not assume that an early settlement offer represents the full value of your claim, particularly if you are still receiving medical treatment or the extent of your future medical needs has not yet been established.

What if I don't have health insurance?

Tell your attorney. There may be different ways to obtain and pay for necessary medical care depending on the circumstances, including medical liens, Medical Payments Coverage, or other available resources. Your attorney can explain the potential advantages and risks of the options applicable to your situation.

What is the most important thing to bring to a personal injury consultation?

​Bring the information you have, preserve the evidence you can preserve, and be completely honest with your attorney. A lawyer does not need a perfectly assembled case file at the first meeting. What is most valuable is a clear account of what happened, accurate information about your injuries and medical history, and whatever documentation you have concerning the accident, insurance coverage, medical treatment, employment, and damages.

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    Attorney Robert Mansour

    Robert Mansour (CA State Bar #169118) is an attorney in Santa Clarita, California who has been practicing law since 1993.  After working 13 years for a major insurance company, he now counsels victims of personal injury. Click here to learn more about Robert Mansour.

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