1. Client Communication Red Flags
A. Initial Contact Concerns
- 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
- 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
- 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
- Credibility Concerns
- Story changes with each telling
- Provides inconsistent details
- Overly rehearsed narrative
- Cannot provide basic accident timeline
- Defensive when asked clarifying questions
- Urgency Signals
- Pushes for immediate representation
- Demands quick settlement estimates
- Excessive pressure for quick resolution
- Threatens to find another attorney if not signed immediately
- 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
- Timing Issues
- Delay in seeking medical treatment
- Late reporting of accident
- Unclear or changing accident date
- Suspicious timing relative to employment changes
- 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
- Witness Issues
- No independent witnesses
- Witnesses are all family/friends
- Witness accounts conflict with physical evidence
- Reluctance to provide witness information
B. Documentation Problems
- Police Reports
- No police report filed
- Significant discrepancies with client’s account
- Report indicates potential fraud
- Client listed as at fault
- 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
- Medical History Concerns
- Undisclosed pre-existing conditions
- Similar prior injuries
- History of chronic pain claims
- Multiple treating physicians for same condition
- Treatment Issues
- Doctor shopping behavior
- Excessive treatment for minor injuries
- Treatment from non-traditional providers only
- Gap in treatment timeline
- Treatment before accident date
- Documentation Problems
- Medical records show malingering
- Inconsistent injury descriptions
- Missing or altered medical records
- Reluctance to provide prior medical history
B. Injury Red Flags
- Injury Characteristics
- Injuries don’t match accident mechanics
- Subjective complaints only
- Symptoms inconsistent with diagnosis
- Dramatic worsening without cause
- 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
- Insurance Status
- Recently purchased policy
- Multiple policy changes pre-accident
- Cancelled or lapsed coverage
- Unusual coverage levels
- Claims History
- Multiple prior claims
- Pattern of similar claims
- History of coverage disputes
- Previous fraud investigations
B. Third-Party Issues
- Liability Concerns
- Unclear liability
- Multiple potentially liable parties
- Contributory negligence issues
- Statutory immunity possibilities
- Coverage Problems
- Insufficient coverage for injuries
- Coverage disputes
- Policy exclusions apply
- Self-insured entities
5. Financial Red Flags
A. Client Financial Issues
- Economic Pressures
- Recent bankruptcy
- Pending foreclosure
- Recent job loss
- Significant debt issues
- Pending divorce proceedings
- Compensation Concerns
- Unrealistic settlement expectations
- Focus solely on monetary recovery
- Early demands for advance payment
- Immediate requests for loan referrals
B. Case Economics
- Cost-Benefit Issues
- Liability issues exceed case value
- Excessive costs required
- Limited recovery potential
- Minimal insurance coverage
- Resource Requirements
- Multiple expert witnesses needed
- Extensive investigation required
- Complex causation issues
- Jurisdictional challenges
6. Legal Red Flags
A. Jurisdictional Issues
- Venue Problems
- Unclear jurisdiction
- Forum shopping attempts
- Multiple state involvement
- Complex choice of law issues
- Statutory Concerns
- Approaching statute of limitations
- Notice requirements not met
- Government claim requirements
- Tort claim act issues
B. Liability Issues
- Causation Problems
- Multiple causes of injury
- Intervening causes
- Pre-existing conditions
- Complex causation chains
- Damages Issues
- Speculative damages
- Minimal economic loss
- Difficulty proving damages
- Excessive damage claims
7. Professional Responsibility Red Flags
A. Ethical Concerns
- Client Issues
- Currently represented by another attorney
- Asks to engage in fraudulent activity
- Requests to withhold information
- Seeks improper litigation advantages
- Case Management Issues
- Conflict of interest present
- Outside firm’s practice area
- Resource limitations
- Expertise concerns
B. Risk Management Issues
- Firm Capacity
- Staff resource limitations
- Expert availability issues
- Financial constraints
- Time management concerns
- Professional Concerns
- Malpractice exposure
- Reputation risks
- Regulatory compliance issues
- Client relationship problems