![]() ![]() The claim representative had found 100 percent liability against the motorcyclist for speeding in the curb lane. In one memorable case, on my initial telephone call to the plaintiff’s counsel, he asked me to meet him for coffee to discuss liability. Assist the defense attorney with your view of liability In fact, I report my firm’s settlements that occur within the first 90 days for one carrier who does keep track of our firm’s success in doing so.ģ. The defense attorney gets cases from the carrier due to a longstanding relationship as well as results, so it’s nice to be able to show the carrier that the defense attorney can close a file relatively fast. Many of you believe that the defense attorney wants to complete discovery before entering into settlement, since we get paid by the hour. Sometimes, my initial evaluation is higher than the claim representative’s evaluation, so knowing your settlement demand early on means that I may be able to get your case settled early on. I prefer to put your settlement demand in my initial report. That’s the challenge for you, to determine when and how much to ask for in settlement. Provide a reasonable and early settlement demand Finally, once the report was submitted, the carrier settled the case.Ģ. That report took counsel about six months to obtain. To get a higher settlement offer, the carrier asked plaintiff’s counsel to obtain a plastic surgeon’s report as to the need and cost of a revision surgery. In one case that comes to mind, the plaintiff had ugly scars on his neck and chest. Second, the carrier may decide certain discovery may not be needed, and wait for documentation on an informal basis so that defense counsel can be given settlement authority to resolve this case.įrom the defense counsel’s view, plaintiff’s case has a certain value, based on his or her injuries, so there really is no need to wait, particularly in the majority of cases - when the complaint is filed on the eve of the running of the statue of limitations, and all medical treatment has been completed, and injuries resolved. That means your client’s deposition is further delayed, since defense counsel needs to review the records to prepare for the deposition. Then, defense counsel can send out subpoenas, and wait another 30 days for the records. ![]() Otherwise, defense counsel has to wait at least 30 days to serve and then receive your responses to interrogatories. ![]() Why should you volunteer such information? First, so defense counsel can subpoena records immediately. When defense counsel makes that first call to you, please take the time to pull your file and provide her with an understanding of the nature and extent of plaintiff’s injuries (names of health-care providers, amount of medical specials, wage loss information), as well as a settlement demand. So, in the very beginning, the carrier asks the defense counsel to help him set reserves, and to determine what else is needed before the case is ready to be evaluated and settled. Then, the claim representative and defense attorney have a telephone conference to discuss the case, the discovery plan and to confirm the budget. ![]() Finally, the defense counsel usually calls the insured, and YOU, before completing the report. The discovery plan includes, but is not limited to, the initial client meeting, serve form interrogatories, serve request to produce documents, subpoena medical, employment and worker’s compensation records, and take plaintiff’s deposition. The report for the carrier is done in a standard format: Statement of the Facts (description of the automobile accident, fire loss, etc.) Liability (police officer’s conclusion as well as each party’s version) Injuries, Damages (medical specials, wage loss, property damage and other) Evaluation and Discovery Plan with Budget. The defense attorney reviews the file, summarizing any medical records and bills. Some carriers send the file without any cover letter, while others send the file with a brief summary. The claim representative for every insurance carrier sends the claims file to its defense attorney, perhaps preceded by a phone call to let the defense attorney know the file is coming. Help the defense attorney with her first report to the carrier ![]()
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