This document provides guidance on intake and screening for personal injury cases. It outlines a 5-step process: 1) initial client contact and conflict check, 2) risk management and understanding client expectations, 3) interviewing the client, 4) pre-suit analysis of liability, defenses, damages and case value, and 5) deciding whether to accept or decline the case while communicating with the client. The goal is to efficiently obtain key details, manage risks and expectations, analyze liability and damages, and determine if the case is economically viable to pursue.

1. PERSONAL INJURY CASES:
Case Intake and Screening
Rich Mrazik and Mike Young
May 7, 2014
parsonsbehle.com

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Know what you’re up against …

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 Get the bare minimum:
– Potential client
– Potential adverse party
– Nature of case
 Then pause . . .
Step One: Client Contact

4. 4
 Perform a conflict check
 Perform initial self-awareness check
– Can I handle a new matter right now?
– Can I handle a new matter like this right now?
Step Two: Initial Risk Management

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 Build a relationship between you, the client, and
your staff.
 Draw out the client’s story—and his personality.
 Evaluate the client’s expectations.
Then pause . . .
 Reserve time to perform due diligence.
 Manage the client’s expectations.
Step Three: Interview the Client

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Duty
Breach
Causation
Damages
Step Four: Pre-Suit Analysis
Who did what wrong?
- Who are the potential defendants?
- What kind of case is it?
- Was the conduct negligent? Intentional?
- Does it breach a duty or standard of care?
No harm no foul?
- Did the breach actually cause damages?
- Did the breach foreseeably cause damages?
- What are the damages now, and in the future?

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Anticipate defenses:
1. Lack of duty
2. Immunity from suit
3. Procedural noncompliance
4. Statutes of limitation
5. No proximate cause
6. No injury
7. Allocation of fault
Step Four: Pre-Suit Analysis (cont.)

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 Assess your economic risk:
A = total damages that can be proved
B = risk of a bad ruling or loss at trial
C = costs of prosecuting the case
 Compare (A × B) versus (C)
 Re-perform self-awareness check:
– Can I handle this case, right now, alone?
– Do I need help? More time? Both?
Step Four: Pre-Suit Analysis (cont.)

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Basic Case Value Metric
Cost of
Prosecuting
Case
Prospective
Recovery

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DARE MIGHTY THINGS.

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 Accept the case
– Communicate with the client
– Get to work!!
 Decline the case
– Communicate with the client
– Don’t second guess your decision
Step Five: Make a Decision

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 Rich Mrazik
– rmrazik@parsonsbehle.com
– 801.536.6931
 Mike Young
– myoung@parsonsbehle.com
– 801.536.6963
Questions?