Keeping proper records for a personal injury case is essential for success. Sufficient records help win cases; without a solid base of records, the opposing counsel can gain leverage against your client. Also, a failure to maintain and protect proper personal injury records can risk client confidentiality and implicate privacy breaches as well.
For instance, personal injury cases may involve the client’s medical records, which are subject to specific rules in terms of client confidentiality. Dealing with medical records involves walking a fine line between discovery disclosures and client privacy.
Ideally, personal injury firms and practitioners will have a set, systematized way of organizing and storing personal injury files. However, these are often not formalized and may simply be an amalgamation of habits and routines built up over the years. Here are a few personal injury record issues to look out for:
- Unforeseeable Events: Files can get lost in unpredictable situations like fires or natural disasters. Be wary of where you keep your files, and always keep copies in separate locations from the originals.
- Online and Internet Security: Storing files online or on a cloud is a newer phenomenon that must be approached with care. Cloud security is still a newer issue and you’ll want to be sure your files are stored securely. You may need to hire an IT professional for guidance with technical aspects of practice.
- Transmissions of Files: Similarly, you will want to watch when and where you transmit any electronic records related to your client’s case. Not all internet connections are secure; for instance, you’d want to be wary of sending sensitive information while logged into the Wi-Fi at your local coffee shop or at a private residence.
- Upkeep of your Archives: Proper archiving habits can help keep your records free of clutter and unnecessary documents. Eliminating unnecessary files can help avoid errors related to record-keeping.
Personal injury cases can involve many documents, including police reports, medical and hospital readings, video and photographs, and many other types of evidence. Successful command of evidence in a personal injury case is heavily dependent on the ability to store and locate records and documents in an efficient and streamlined way. Some practitioners may be unfamiliar with this process; others may handle record storage entirely by themselves. In any case, it’s always a good practice to manage client records in a conscientious way.
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