Investigation phase

The first thing we do in the investigation of any case is to have a nurse paralegal perform a detailed intake with the injured veteran or a family member, according to Callahan, who explained:

The driving factor in our investigation of most claims is the availability of medical records. After we collect information from the veteran/family member and obtain the key medical records, a detailed summary of the case is shared among the most experienced attorneys in our firm. This results in a decision whether to offer our services. We base this decision on whether, in our judgment, the case has enough factual and legal merit to warrant our proceeding further, and with a reasonable chance of obtaining a recovery for the veteran.

Occasionally, whether for legal or factual reasons, a case will not pass muster. When we make that decision we promptly advise the veteran. We almost always encourage them to seek another legal opinion before abandoning their claim. Where necessary, we will help them file their own claim in order to protect the filing time limits from running out.

What happens after the veteran accepts legal services

Callahan says that once his firm has decided to take a case and the veteran accepts their services by signing a retainer agreement, the next thing to do is to work with the veteran to obtain a copy of the complete medical record necessary to fully prepare, file and advance the claim. He explained that, in addition to any obvious in-patient records, his firm often needs accurate records of the pre-injury state of health of the veteran.

He told us, “We also require records of all of the therapeutic and rehabilitative care that the veteran received after the date of the injury, right up to the point where they called us, and through to their current contacts with VA or private care medicine. We need this complete picture so that we can present an intelligent claim in a compelling fashion, and always be ahead of the VA in the fact-finding process.”

How long does the investigation phase take?

It’s difficult to say how long our investigative phase will take, according to Callahan, who said, “In some cases, we can have a veteran’s claim investigated, documented and filed with the VA within 30 days of first being contacted by the veteran. On the other hand, I have been party to cases where, in order to do justice to the claim and make sure that we are prepared to answer any attempted defenses by the United States, it has taken us up to six months to obtain a complete set of records. Our object in the investigation is completeness, thoroughness and speed – all with the design of presenting a fully documented and compelling claim on behalf of the veteran.”

If you or a family member has been injured due to medical malpractice by the Veterans’ Administration, contact an attorney whose practice focuses in this area of the law to discuss your situation. Consultations are free, without obligation and strictly confidential. To contact an experienced attorney, please click here. We may be able to help.