CASE OR NOT? Facts Medical Records Ambulance &E/R Client - - PowerPoint PPT Presentation

300,000 Crashes in Ohio each year Someone Calls you Your TRIAL Evaluation Begins Your CASE Evaluation Begins

DO YOU TAKE THIS CASE OR NOT?

 Facts  Client Insurance –

Auto/Health/Homeowne rs

 Police Report & Photos  Photos- Scene, Vehicles,

Injuries

 Property Damage Claim  Witness Statements  Liability Analysis – Legal

Research

 Medical Records

 Ambulance &E/R  PCP  Specialist  P/T

 Medical Bills  Out of Pockets  Wage Loss  Summary of Specials  SUBROGATION

 Discuss Background

 Education  Employment  Family  Medical History  Crash History  Details of the Crash  Complete Summary of

All Medical Care

 DOCUMENTS  Auto Insurance Policy  Umbrella Policy  Health Insurance details  ALL photos –  ALL Correspondence  ALL stuff from doctors  ALL EOB’s  Check Stub for Wages

 DON’T

 Talk to Anyone  Post to Facebook  Post PHOTOS  Post to blogs  Post to Newspaper

websites

 Forget to tell me if you

move or change phone#

 Tell Doc you’re “OK” if

you’re not

 DO

 Keep every piece of paper  Keep a “LAWYER LOG”  Email ME frequently  Take LOTS of PHOTOS  Keep track of Out of

Pockets

 Send ME all EOBs & Bills  Keep track of EVERY visit

to EVERY care provider

 Keep track of WAGE loss

 CRASH REPORT  Police Photos  Witness Statements  CALL WITNESSES &

Take Statement

 GO TO THE SCENE  Get YOUR OWN

PHOTOS of Scene, Car

 CALL Officer!!  ADD to Crash Report  ONLINE SOURCES  GOOGLE MAPS &

STREET SCENE

 OSHP Website  Linked In- Facebook-

social media

 Check out your client  Check out other guy  LEGAL Research

 INITIALLY

 Setting the Reserve  MAGNIFY the Case  Prove Liability 100%  Worst Case Scenario  Demand to know Policy

Limits

 Ask for All PHOTOS  Demand that Evidence

Be Preserved of Other Vehicle Damage

 AS THE CASE GOES ON

 Diary & Provide Updates  Keep Track of Specials

and Provide Updates

 Let Client give

Statement?

 Pre-Suit Mediation?

 Initial Correspondence

 Demand Proof of Lien  Demand Language from

Policy

 Do NOT sign their forms  Do NOT provide tortfeasor

info – privileged

 Agree to work with them at

the end

 Argue Liability  Ask them for $$ - Expenses

 Updates  Continue Liability

Discussion

 Never Agree to “collect”

for the lien holder

 Never Agree that the lien

is “valid” – only that it will be considered

 Prep for Negotiations on

Day 1

 CLIENT Recovering

 You have no control  Gather Medical Records  Get BILLS  Add Bills to Spreadsheet  Keep Track of Wage

Loss

 Easy to Update Insurer

 GOAL - SHORTEN THE

TIME BETWEEN RECOVERY & DEMAND

 Type “What’s My Case Worth” into Google

 PLUS POINTS

 Good Client  BIG hit  Solid, prove-able injury  Significant Specials  Good Photos  Good Police Report  Clear Liability  Logical Progression of

Treatment

 Good Log of Recovery

 MINUS POINTS

 MIST Case  Allstate  Liability Issues  “Ow, my neck hurts”  Gap in Initial Treatment  Failure to follow advice  Pre-Existing Injuries  “It Hurts” 24/7/365  Unreasonable

Expectations

 DIGITAL DEMAND

 Organize your Digital

Case File with a “Demand” folder

 Slide your Investigation

from your digital case file to a CD-ROM

 Prepare Demand Letter  SEND IT OUT

 Start on Day 1  Start writing the

LIABILITY Story

 UPDATE the Medical

Story as you go

 Provide the BIG Medical

Bill Number

 Letter should  Confirm 100% Liability  Discuss Initial Pain at

Scene

 Quote Key Phrases from

Medical Records

 Discuss ALL treatment  Analyze any legal issues  Clearly set forth the

demand

 CLIENT Expectations Controlled?  Explain “Robinson” on Day ONE!  COMMUNICATE EVERY OFFER  Be Reasonable  Is This a Case you want to TRY  Is This a Client you want to put on

the stand?

 Your Experience  Jury Verdict Research  Magas Verdict Research

 LIENHOLDER  Negotiate Lien  Client paying 1/3  Client Paying expenses  Client Taking all Risk  Liability Issues  “Value” issue  Hopefully you’ve built a

relationship

 Confirm in Writing/Email  INSURER  Confirm All OFFERS  Send all offers to Client  Follow up all Telecons with

email or letter/fax

 Confirm all discussions

with Client in email/writing

 CONFIRM SETTLEMENT

IN WRITING

 Get Timeline -