McKay Law TX Personal Injury Case PNC Red Flags Guide

1. Client Communication Red Flags

A. Initial Contact Concerns

  1. Client Shows Excessive Knowledge
    • Client Uses detailed legal terminology inappropriately
    • Cites specific case law without legal background
    • Demonstrates unusual familiarity with settlement values
    • Shows detailed knowledge of insurance claim processes
  2. Communication Patterns
    • Frequently changes contact information
    • Provides conflicting phone numbers
    • Uses multiple email addresses
    • Reluctant to provide basic contact details
    • Only available at unusual hours
  3. Documentation Issues
    • Reluctant to sign medical releases
    • Hesitant to provide identification
    • Unable to provide basic accident details
    • Refuses to provide insurance information

B. Behavioral Red Flags

  1. Credibility Concerns
    • Story changes with each telling
    • Provides inconsistent details
    • Overly rehearsed narrative
    • Cannot provide basic accident timeline
    • Defensive when asked clarifying questions
  2. Urgency Signals
    • Pushes for immediate representation
    • Demands quick settlement estimates
    • Excessive pressure for quick resolution
    • Threatens to find another attorney if not signed immediately
  3. Prior Legal History
    • Multiple previous personal injury claims
    • History of switching attorneys
    • Past involvement in insurance fraud
    • Undisclosed prior claims for similar injuries

2. Accident-Related Red Flags

A. Incident Circumstances

  1. Timing Issues
    • Delay in seeking medical treatment
    • Late reporting of accident
    • Unclear or changing accident date
    • Suspicious timing relative to employment changes
  2. Location Concerns
    • Accident location doesn’t match travel patterns
    • Unable to provide specific location details
    • Location inconsistent with damage claims
    • Multiple accidents at same location
  3. Witness Issues
    • No independent witnesses
    • Witnesses are all family/friends
    • Witness accounts conflict with physical evidence
    • Reluctance to provide witness information

B. Documentation Problems

  1. Police Reports
    • No police report filed
    • Significant discrepancies with client’s account
    • Report indicates potential fraud
    • Client listed as at fault
  2. Physical Evidence
    • Damage inconsistent with accident description
    • Missing or altered evidence
    • Photographs show different conditions
    • Vehicle damage doesn’t match impact claims

3. Medical Red Flags

A. Treatment Patterns

  1. Medical History Concerns
    • Undisclosed pre-existing conditions
    • Similar prior injuries
    • History of chronic pain claims
    • Multiple treating physicians for same condition
  2. Treatment Issues
    • Doctor shopping behavior
    • Excessive treatment for minor injuries
    • Treatment from non-traditional providers only
    • Gap in treatment timeline
    • Treatment before accident date
  3. Documentation Problems
    • Medical records show malingering
    • Inconsistent injury descriptions
    • Missing or altered medical records
    • Reluctance to provide prior medical history

B. Injury Red Flags

  1. Injury Characteristics
    • Injuries don’t match accident mechanics
    • Subjective complaints only
    • Symptoms inconsistent with diagnosis
    • Dramatic worsening without cause
  2. Recovery Issues
    • Unusual recovery pattern
    • Symptoms appear/disappear inexplicably
    • Activities inconsistent with claimed injuries
    • Social media shows contradictory activities

4. Insurance Red Flags

A. Coverage Issues

  1. Insurance Status
    • Recently purchased policy
    • Multiple policy changes pre-accident
    • Cancelled or lapsed coverage
    • Unusual coverage levels
  2. Claims History
    • Multiple prior claims
    • Pattern of similar claims
    • History of coverage disputes
    • Previous fraud investigations

B. Third-Party Issues

  1. Liability Concerns
    • Unclear liability
    • Multiple potentially liable parties
    • Contributory negligence issues
    • Statutory immunity possibilities
  2. Coverage Problems
    • Insufficient coverage for injuries
    • Coverage disputes
    • Policy exclusions apply
    • Self-insured entities

5. Financial Red Flags

A. Client Financial Issues

  1. Economic Pressures
    • Recent bankruptcy
    • Pending foreclosure
    • Recent job loss
    • Significant debt issues
    • Pending divorce proceedings
  2. Compensation Concerns
    • Unrealistic settlement expectations
    • Focus solely on monetary recovery
    • Early demands for advance payment
    • Immediate requests for loan referrals

B. Case Economics

  1. Cost-Benefit Issues
    • Liability issues exceed case value
    • Excessive costs required
    • Limited recovery potential
    • Minimal insurance coverage
  2. Resource Requirements
    • Multiple expert witnesses needed
    • Extensive investigation required
    • Complex causation issues
    • Jurisdictional challenges

6. Legal Red Flags

A. Jurisdictional Issues

  1. Venue Problems
    • Unclear jurisdiction
    • Forum shopping attempts
    • Multiple state involvement
    • Complex choice of law issues
  2. Statutory Concerns
    • Approaching statute of limitations
    • Notice requirements not met
    • Government claim requirements
    • Tort claim act issues

B. Liability Issues

  1. Causation Problems
    • Multiple causes of injury
    • Intervening causes
    • Pre-existing conditions
    • Complex causation chains
  2. Damages Issues
    • Speculative damages
    • Minimal economic loss
    • Difficulty proving damages
    • Excessive damage claims

7. Professional Responsibility Red Flags

A. Ethical Concerns

  1. Client Issues
    • Currently represented by another attorney
    • Asks to engage in fraudulent activity
    • Requests to withhold information
    • Seeks improper litigation advantages
  2. Case Management Issues
    • Conflict of interest present
    • Outside firm’s practice area
    • Resource limitations
    • Expertise concerns

B. Risk Management Issues

  1. Firm Capacity
    • Staff resource limitations
    • Expert availability issues
    • Financial constraints
    • Time management concerns
  2. Professional Concerns
    • Malpractice exposure
    • Reputation risks
    • Regulatory compliance issues
    • Client relationship problems

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