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 Medical Records Ambulance &E/R Client Insurance – PCP Auto/Health/Homeowne Specialist rs P/T Police Report & Photos Medical Bills Photos- Scene, Vehicles, Out of Pockets Injuries Wage Loss Property Damage Claim Summary of Specials Witness Statements SUBROGATION Liability Analysis – Legal Research
Discuss Background DOCUMENTS Education Auto Insurance Policy Employment Umbrella Policy Family Health Insurance details Medical History ALL photos – Crash History ALL Correspondence Details of the Crash ALL stuff from doctors Complete Summary of All Medical Care ALL EOB’s Check Stub for Wages
DON’T DO Talk to Anyone Keep every piece of paper Post to Facebook Keep a “LAWYER LOG” Post PHOTOS Email ME frequently Post to blogs Take LOTS of PHOTOS Post to Newspaper Keep track of Out of websites Pockets Forget to tell me if you Send ME all EOBs & Bills move or change phone# Keep track of EVERY visit Tell Doc you’re “OK” if to EVERY care provider you’re not Keep track of WAGE loss
CRASH REPORT ONLINE SOURCES Police Photos GOOGLE MAPS & STREET SCENE Witness Statements OSHP Website CALL WITNESSES & Take Statement Linked In- Facebook- social media GO TO THE SCENE Check out your client Get YOUR OWN PHOTOS of Scene, Car Check out other guy CALL Officer!! LEGAL Research ADD to Crash Report
INITIALLY AS THE CASE GOES ON Setting the Reserve Diary & Provide Updates MAGNIFY the Case Keep Track of Specials and Provide Updates Prove Liability 100% Let Client give Worst Case Scenario Statement? Demand to know Policy Pre-Suit Mediation? Limits Ask for All PHOTOS Demand that Evidence Be Preserved of Other Vehicle Damage
Initial Correspondence Updates Demand Proof of Lien Continue Liability Demand Language from Discussion Policy Never Agree to “collect” Do NOT sign their forms for the lien holder Do NOT provide tortfeasor Never Agree that the lien info – privileged is “valid” – only that it Agree to work with them at will be considered the end Prep for Negotiations on Argue Liability Day 1 Ask them for $$ - Expenses
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 MINUS POINTS Good Client MIST Case BIG hit Allstate Solid, prove-able injury Liability Issues Significant Specials “ Ow , my neck hurts” Good Photos Gap in Initial Treatment Good Police Report Failure to follow advice Clear Liability Pre-Existing Injuries Logical Progression of “It Hurts” 24/7/365 Treatment Unreasonable Good Log of Recovery 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 Letter should Confirm 100% Liability Start writing the Discuss Initial Pain at LIABILITY Story Scene Quote Key Phrases from Medical Records UPDATE the Medical Story as you go Discuss ALL treatment Analyze any legal issues Provide the BIG Medical Clearly set forth the Bill Number 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 INSURER Negotiate Lien Confirm All OFFERS Client paying 1/3 Send all offers to Client Client Paying expenses Follow up all Telecons with email or letter/fax Client Taking all Risk Confirm all discussions Liability Issues with Client in “Value” issue email/writing Hopefully you’ve built a CONFIRM SETTLEMENT relationship IN WRITING Confirm in Writing/Email Get Timeline -
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