Documenting Claims      

 

 

 

DOCUMENTING CLAIMS

CHAPTER 15

PREPARING EFFECTIVE DEMAND LETTERS AND SETTLEMENT BROCHURES

[A] Introduction

    1. Is this a Case You Really want?
    2. Determining Liability and Causation
    3. The P.I/ Five
    1. liability
    2. Damages
    3. Defendant With Ability to Pay
    4. The Good Plaintiff
    5. The Bad Defendant

[B] Working With Adjusters

    1. Initial Contact
    2. What the Carrier Had That you Don't

[C] What attorneys need to have in your file

    1. Client Diary
    2. Independent Medical Examination
    3. Checklist ; What You Need to Have in Your File
    4. Demonstrative Evidence

[D] When Do You Address Settlement

    1. Should You Settle Before Pleading
    2. Organizing Your Records and Your Thoughts
    3. Preparing a Settlement Brochure
    4. Video Settlement Brochure

[E] Where to Start and What to say

    1. Sample : Settlement Letter
    2. Family background
    3. Prior Medical History
    4. Facts of the Accident
    5. Sample : Facts Outline - Slip and Fall Case
    6. Sample : Facts Outline- Product Liability case
    7. Sample : Fact Outline - Premises Liability Case
    8. Injuries
    9. Special Damages and Disability
    10. Pain/Suffering
    11. Exhibits
    12. Legal Evaluation
    13. Consideration of excess Verdict

[F] How Much is Enough?

    1. Plaintiff's Credibility
    2. Using a Mock Jury

[G] Demand Closing

*****Lecture seminar for this course is 3.0 hours for Continuing Education (CE) This course  provides the adjuster with inside information relating  to attorneys  strong and weak points when  preparing settlement demand brochures and negotiating. This is an essential  course for adjusters to understand  attorneys' strategies at different stages of negotiating.  Course study for a Professional Designation  requires 8 hours study time.

 

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