from a trip and fall, a slip and fall, or an injury due to a dog bite attack. When liability is unclear, best practices are to advise the patient to consult an attorney so that the attorney can gather evidence early to preserve the claim and the ability of your patient to pursue recovery for their damages.
Time is of the Essence
In Washington, injury claims are governed by a Statute of Limitations. This means that the claim must be either settled or a lawsuit filed by a date certain, or the claim is time-barred. In Washington State, your patient has three years from the date of the injury event to settle the claim or file a lawsuit. However, that three-year period can be impacted if the claim is against the state, county, city or municipality. In that situation, a notice of claim form, governed by state law, must be filled out and provided to the governmental entity at least 60 days prior to filing suit. Alternatively, if you have been treating a patient for many months, and the statute of limitations is less than six months away and you anticipate they need care past the three year point, then they need to consult with an attorney right away to preserve their legal claim or it will be time – barred. If you are treating a patient who was injured in a collision in Oregon by an Oregon driver, the statute of limitations in Oregon is only two years.
Stress Reducer
Being injured due to the negligence of another person or entity can be extremely stressful. There are forms to fill out, insurance adjusters who call incessantly, provider appointments, repair bills, lost work, and it can be overwhelming for anybody to deal with. For many, dealing with an injury claim, working full-time, and going to multiple doctor visits can seem like an impossible task - or like a second job. If your patient is struggling with the stress of dealing with all these issues, then an attorney consult would be appropriate. The attorney helps manage the insurance companies, coordinating benefits, and responding to insurance companies request for information. This reduces the burden and stress on the patient so they can focus on the main priority, which is healing from the injury.
Once you know that your patient needs to speak with an attorney, the other difficult task is determining who you should refer them to. It is perfectly acceptable to refer to an attorney you know and trust that will take excellent care of your patient. If you are new in practice and have not yet had the need to refer a patient to an attorney for consultation, the following is a short guide on what kind of questions your patient should be asking the prospective attorney:
1. What percentage of the attorney’s practice of law is devoted to injury cases?
2. How many injury cases does the attorney handle as the principal attorney?
3. What percentage of cases are in litigation and when is the last time the attorney went to trial?
4. How does the attorney keep up with the latest developments on traumatic injury law and are they familiar with the latest changes in the law?
5. Does the attorney regularly present on medical/legal issues for traumatic injury cases?
6. How many articles has the attorney written over the past three years involving traumatic injury or medical legal issues related to injury claims?
7. What is the contingency fee arrangement? Does the contingency fee go up if a lawsuit is filed and if the case goes to trial?
Switching Attorneys
Just as hiring the right attorney can have a big difference on the patient’s case, so can hiring the wrong attorney. If your patient reports back to you that the attorney they hired is inexperienced, disinterested, never calls them, or they do not know what is going on with their injury claim, that is a big problem. The patient can either try to work things out directly with the attorney and correct the problems, or they can simply hire another attorney.
The contingency fee agreement that your patient signed, which is standard in injury cases, does not bind the patient to the attorney forever. Attorneys can be substituted or replaced at any point in the process before the case is resolved. Many clients are fearful of switching attorneys because of the misplaced fear that their legal fees may increase by hiring a new attorney. Attorney fees are not increased when a patient hires a new attorney, but rather are allocated between the first and second attorney.
It is better for a patient to switch attorneys earlier in the process when problems arise rather than later in the process. If you refer a patient to an attorney you have not worked with before, it is a good idea to keep a close eye on the patient’s experience with that attorney, and if there is any hint of trouble, that is a good time to have a conversation with the patient about switching attorneys. Like any referral, you want to be able to trust the person taking care of your patient.
Referring your patient to an attorney should be no different than referring your patient for other healthcare. If the situation needs it and your patient can benefit from the referral, then the decision should be easy as long as you have a good understanding of the process and know when to refer and where to refer your patient so they get the best legal representation.
Ple x us September 20 26
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