Leveraging Demand Letters to Obtain High Settlements in Auto Accident - - PowerPoint PPT Presentation

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Leveraging Demand Letters to Obtain High Settlements in Auto Accident - - PowerPoint PPT Presentation

Mar 22, 2023 159 likes •538 views

Presenting a live 90-minute webinar with interactive Q&A Leveraging Demand Letters to Obtain High Settlements in Auto Accident Cases WEDNESDAY, JANUARY 4, 2017 1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific

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Presenting a live 90-minute webinar with interactive Q&A

Leveraging Demand Letters to Obtain High Settlements in Auto Accident Cases

Today’s faculty features:

1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific WEDNESDAY, JANUARY 4, 2017

Benjamin A. Crane, Principal, Coplan & Crane, Oak Park, Ill. Fred Pritzker, Founder and President, Pritzker Hageman, Minneapolis

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Leveraging Demand Letters to Obtain High Settlements in Auto Accident Cases

By Fred Pritzker, Esq. fhp@pritzkerlaw.com

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Introduction

  • Purpose of a well-crafted

demand:

– Why case merits value ascribed to it – Demonstrate your expertise – Educate yourself about case strengths and weaknesses – Identify trial themes and “rules of the road”

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Evidentiary Considerations

  • FRE Rule 408. Compromise

Offers and Negotiations

  • “Pursuant to FRE Rule 408,

this is an offer of compromise and is not intended to be admissible in any court proceeding.”

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Strategic Considerations

  • Whether to even submit

demand

  • Timing of demand
  • Whether you have enough

information to issue demand

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Strategic Considerations

  • Mode of conveyance

–Why does it have to be written? –Presentation apps: https://zapier.com/blog/best- powerpoint-alternatives/

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Strategic Considerations

  • Level of Detail

–Brief: “I don’t want to give away too much information” –Detailed: A pitcher with a 100 mph fastball

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Amount of Demand

  • High but accurate case

valuation

  • “Anchoring” demand amount

–Settlement and verdict reports –Results you obtained in similar cases

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Threats and Promises

  • Withdrawal of demand
  • Put case in suit
  • Bad faith
  • Refusal to negotiate
  • Length of time for demand

response

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Anticipating Responses

  • Disclosure/discussion of

weak points

  • Providing unfavorable

records (e.g. priors)

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Use of Jury Instructions

  • Helps to frame positive and

negative issues in your case

  • Helps to organize flow of

the demand

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Elements of a well-drafted demand

  • 1. Summary of the case and

establishment of theme(s) and key issues

  • 2. Introduce and humanize your

client and contrast former and current condition

Use strong ng visual l imagery! ery!

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Elements of a well-drafted demand

  • 3. Fault of the defendant(s)

–Anchoring: police report, statutes, regulations, drivers manual, company rules Be visual: show, don’t just tell! tell!

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Elements of a well-drafted demand

  • 4. injuries and treatment

– Use anything to make graphic, visceral – trigger an emotional response!

  • E.g. Not an “amputation”
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Elements of a well-drafted demand

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Elements of a well-drafted demand

  • injuries and treatment (con’t)

– Use of x-rays, MRIs, Google images – Importance of using visuals to show

  • perations and procedures

– E.g. http://www.understandspinesurgery.com/ Videos/Watch/Decompressive-Lumbar- Laminectomy – Importance of Medline journal articles

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Elements of a well-drafted demand

  • injuries and treatment

(con’t)

–Conveying pain and suffering

  • Orders for narcotics
  • Report of pain specialist
  • Journal articles
  • Survivor network, similar

stories

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Long-Term Effects and Quality of Life

  • Anchoring:

Health lth-relat related ed quality ity of life 3 years rs after r moderate rate to severe re traumatic umatic brain injury: ry: a prospective spective cohort rt study. y. Grauwmeijer E1, Heijenbrok-Kal MH2, Ribbers GM2.

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Thank You

Contact information:

Fr Fred ed Pr Prit itzk zker er 45 45 So Sout uth h 7th

th St

St., ., Su Suit ite e 29 2950 50 Mi Minn nnea eapoli polis, s, MN MN 55 5540 402 612 612-338 338-0202 0202 fh fhp@ p@pr pritzkerlaw.com itzkerlaw.com

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LEVERAGING DEMAND LETTERS TO OBTAIN HIGH SETTLEMENTS IN AUTO CASES

BEN CRANE

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YOU MUST PLAN!

Plan to make the client happy. Plan to maximize leverage Plan for when the check arrives

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PLANNING TO ESTABLISH

LEVERAGE WITH YOUR DEMAND

Who? What? How? Where? When?

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UPON WHO ARE YOU EXERTING

LEVERAGE?

Insurer Insured Excess Carrier Lienholders and subrocarriers Opposing counsel Client

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WHAT DO YOU NEED TO EXERT

LEVERAGE?

The Policy Limits Medical Records Medical Bills Liens/Subro’s Photos/google overhead Crash Report Complaint Written Discovery

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WHEN ARE YOU EXERTING

LEVERAGE?

Pre-suit: After Maximum medical

improvement

After plaintiff’s deposition After treating physicians Mediation Arbitration Trial

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HOW ARE YOU EXERTING

LEVERAGE?

Demand Package All they need Make it easy for them. Medical

literature/illustrations

Verdict and Settlement

Reporter

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HOW ARE YOU EXERTING

LEVERAGE?

Demand letter Confirmation of policy limits Permanency Future Care Damages Law Liability Law Bad Faith Law Your record.

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WHERE ARE YOU GOING TO

EXERT LEVERAGE

Arm’s length Mediation Settlement Conference Arbitration Trial

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SETTLEMENT SPREADSHEET

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THANK YOU

Benjamin A. Crane Coplan & Crane 1111 Westgate St. Oak Park, IL 60301 Phone: 800-394-6002 bcrane@coplancrane.com