Control + Certainty = Closure Can an Attorney change their Attorney Score? YES
Control + Certainty = Closure Can an Attorney change their Attorney Score? HOW?
Control + Certainty = Closure Can an Attorney change their Attorney Score? Take Control Send the Offer to Settle Letter for the policy limits
Control + Certainty = Closure Can an Attorney change their Attorney Score? And when they offer less than your offer: Turn them Down (maintain control) File Suit!
Control + Certainty = Closure Can an Attorney change their Attorney Score? File suit The Insurance Company reaction will be to offer the policy limits - Turn down the Policy Limits Again
Control + Certainty = Closure Can an Attorney change their Attorney Score? Attorneys Maintain control by: Rejecting the Policy Limits and putting the Insurance Company at risk
Control + Certainty = Closure Can an Attorney change their Attorney Score? At mediation they will offer the policy limits Turn down the policy limits 3rd time The attorney just increased their Attorney Score
Control + Certainty = Closure Can an Attorney change their Attorney Score? At Trial they will again offer the policy limits. Turn down policy limits and take your verdict. The Attorney just increased their Attorney Score
Pareto Principle 80/20 A MINORITY of Did you know? Causes, Inputs, or Efforts 20% of the Drivers Cause 80% of the Crashes? Lead to a 20% of Your Patients MAJORITY of the Produce Results, Outputs, 80% of Your Income? or Rewards.
Imagine what an attorney would you do differently if the statute of limitation on every case was only 9 months?
Shorter Case Life Spans 1. Less phone calls 2. Less correspondence 3. Happier Clients 4. Happier Staff 5. Increased capacity for more cases
Dollar Evaluation
Time Evaluation
How do attorneys decide the value of any given case?
Three Legs of the Stool for Every Case Liability Damages Insurance H M L H M L H M L
27 Combinations = 3 3
27 Combinations = 3 3
Send your Offer Sooner
Send the Offer Sooner 17 10 Send your Offer Send your Offer when Quickly the client reaches MMI Attorneys are wasting time
Demand Letter Types Formal Letter: with a lengthy description of liability and treatment, with numerous photographs, every medical record, every medical bill. This takes a lot of time and effort to create. Makes sense when the client needs to reach MMI
Demand Letter Types Go Fish Letter: ● Time Limit is 30 or 60 days to pay or the offer is withdrawn, and we will go to litigation ● List of all past and current medical providers with their addresses ● Medical Release Authorization form that expires in 30 or 60 days.
Protecting Case Value How can attorneys protect our clients? How can we do a better job for them? We must reduce our client’s exposure to all the traps caused by delays.
Protecting Case Value Delay Leads to Death 2nd Crash/Accident Death of a Client Surveillance Death of a Defendant Family Problems Loss of Evidence Emotional Issues Funding Loans Financial Problems Gaps in Treatment
Protecting Case Value Common Mistakes: ● WAITING because our Client is not at “MMI” ● WAITING because our Client is still treating ● WAITING because “X” ● WAITING because “Y”
Factors to Consider 1. Pre-Existing Conditions 2. Not at MMI 3. Client is Old or Young 4. Bad Client 5. Multiple Claimants
Common Opportunities 1. Pre-Existing Conditions 2. Alcohol use by Defendant 3. Client is Old or Young 4. Bad Defendant
Phases of your Cases
Case Status for an Attorney Potential Case AAA Potential client No Fee Contract yet
Pre-suit 1 Determining Liability & Insurance Coverage 37 days
Pre-suit 2 Treatment Phase (Only for cases where you want to wait for MMI) 145 days
Pre-suit 3 Collecting Medical Records & Bills to Prepare Offer (Only for cases where you want to wait for MMI, And do a formal Offer Letter, Not for a Go Fish Offer) 30 days
Pre-suit 4 Go Fish Quick Settlement Offer This is a Quick Offer letter where you send anything in your possession, a medical record release authorization and a list of medical providers the client has seen in the past 10 years. Ask the insurance company to obtain any records they want to fully investigate this claim, but they better pay on day 31 or else you will file suit. 35 days
Pre-suit 5 Negotiations and Settlement BI = 45 days UM = 65 days File your CRN at the same time you send the UM Offer to settle 45 days or 65
Pre-suit 6 Preparing Pre-Suit Interrogatory Answers and heading to trial If the client can’t fully answer the pre-suit interrogatory answers, they won’t hold up in a trial. They have to be committed, or else they should take the last and highest offer. Don’t get stuck in litigation with a difficult client. 35 days
How I help my clients help me https://MattLawForms.com/
Timeline for PI Case PRE-SUIT 1 Investigation Car Crash Initial Visit 1/1/2018 with Lawyer D Day a y 1 2 First Medical Treatment
Day 2 PRE-SUIT 1 Investigation Initial Visit with Lawyer Send the Welcome Aboard Letter
Day 2 PRE-SUIT 1 Investigation Initial Visit with Welcome Aboard Order the Crash Lawyer Kit Sent to Client Report Today Letter to Each Letter to Clients PIP, Med Pay, & Defendant’s Insurance Uninsured Insurance Company Asking Motorist Company Asking for Policy Limits for Policy Limits
Day 14 PRE-SUIT 1 Investigation Send the Client our DMX and MRI Send the Letter our Seven Day Letter Send the What is a ligament injury letter
Day 22 PRE-SUIT 1 Investigation Confirm Liability. Send the Should Client a Copy have Crash of the Crash Report Report
Day 37 PRE-SUIT 1 Investigation YES Is there BI? Confirm Send the Insurance Client our 35 Coverages Day Letter NO YES Is there NO UM? STOP
Day 37 PRE-SUIT 2 Send the Send the 35 Client our 45 Day Letter Day Letter “Keep Treating” Notify Address Medicare Duties Under and/or Duress with Medicaid Client
Day 37 PRE-SUIT 2 Treatment Phase ● Ambulance Order All ● Fire Rescue One-Time Medical ● Emergency Room Records ● X-Ray Reports Today ● MRI Reports
Day 37 PRE-SUIT 2 Treatment Phase ● Notify Medicare ● Notify Medicaid Notify Medicare Get ahead of your case by and/or Medicaid knowing your liens early. By notifying Medicare and Medicaid now, you save waiting 60 - 120 days later.
Day 37 PRE-SUIT 4 Go Fish- Offer to Settle Offer is Sent Today Giving the BI Carrier 30 Days to Settle
Day 60 PRE-SUIT 2 Treatment Send the 45 Day Letter Attorney Calls Client
Day 90 PRE-SUIT 2 Treatment Send the Client our 90 Day Letter Attorney Calls
Day 135 PRE-SUIT 2 Treatment Sent the Send the 90 Day Client our Letter 135 Day Letter Address the Loss of Enjoyment of Life with Client
Day 180 PRE-SUIT 3 Order all remaining records Send the Client Request All Request All our 180 Day Letter Medical Records Medical Bills Order the PIP/Med Order the Health Create Offer letter Pay Payout Insurance Lien Exhibits
Day 225 PRE-SUIT 4 & 5 Verify Settlement or YES Disperse the No Settlement Settlement $$$ NO Send the Client our Decision to File Suit Letter
Day 255 PRE-SUIT 6 Prepare to File Suit Client Completes Online Call the Pre-Suit Client to Discovery Discuss Filing Suit Send the Decision to File Suit Letter
Day 1 of Litigation Litigation 1 Send Filed Suit Letter File Suit with Clerk of the Court
Day 10 of Litigation Litigation 1 Send Client the Keep Treating Defendant Letter Even is Served though in with Suit Complaint Request to Produce Notice of Video Deposition
Day 31 of Litigation Litigation 1 Send Client File Default 2nd Keep if No Treating Answer to Letter If Answer, Complaint Send Defense Letter Asking for Trial Date
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