Presenting a live 90-minute webinar with interactive Q&A Daycare Injury Litigation Assessing Claims, Proving Causation and Foreseeability, Navigating Complex Valuation and Settlement Issues TUESDAY, MARCH 7, 2017 1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific Today’s faculty features: Jess Johnson, Esq., Pate & Johnson , Atlanta Christopher Keane, Founder , Keane Law Firm , San Francisco The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions emailed to registrants for additional information. If you have any questions, please contact Customer Service at 1-800-926-7926 ext. 10 .
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D AYCARE I NJURY L ITIGATION : D AYCARE I NJURY L ITIGATION : A SSESSING CLAIMS , PROVING A SSESSING CLAIMS , PROVING CAUSATION & FORESEEABILITY , CAUSATION & FORESEEABILITY , NAVIGATION COMPLEX VALUATION NAVIGATION COMPLEX VALUATION AND SETTLEMENT ISSUES AND SETTLEMENT ISSUES Christopher Keane Jess Johnson March 7, 2017
Assessing cases Before you interview anyone, know what your end game is:
Personal paradigm Personal paradigm on taking cases on taking cases
Big cases only? Big cases only? • • Death, brain injury, Death, brain injury, (partial) amputation, (partial) amputation, sex abuse sex abuse • • Failure to provide Failure to provide medicine leading to medicine leading to death death • • Asphyxiation Asphyxiation • • Shaken baby/Abusive Shaken baby/Abusive head trauma head trauma • • Doors/fingers Doors/fingers
Small cases/big Small cases/big volume? volume? • • broken bones, scars broken bones, scars • • Falls from playground Falls from playground equipment equipment • • Pushing Pushing • • Jumping onto child Jumping onto child • • Falls onto sharp objects Falls onto sharp objects
Mixed Mixed caseload? caseload?
Happiness quotient Happiness quotient Unlikely to regret a case you turn down, Unlikely to regret a case you turn down, - - but may forever regret a case you took but may forever regret a case you took - - Client is the child, but your audience is Client is the child, but your audience is mom and dad mom and dad - - A parent puts his child in daycare because A parent puts his child in daycare because he/she trusts the daycare. By the time he/she trusts the daycare. By the time you are called, the trust has been you are called, the trust has been decimated. decimated.
Happiness quotient Happiness quotient - - Managing expectations of distrustful Managing expectations of distrustful parent who has mixed (or unknown) parent who has mixed (or unknown) goals goals - - Few have goal of money, but that is all Few have goal of money, but that is all we can do in civil system we can do in civil system - - The people the parents want to teach The people the parents want to teach a lesson (i.e. the daycare operator or a lesson (i.e. the daycare operator or workers) will have absolutely nothing workers) will have absolutely nothing to do with the civil claim. to do with the civil claim. - - Adjuster in cubicle will not care about Adjuster in cubicle will not care about their broken trust. their broken trust.
Happiness quotient Happiness quotient - In smaller cases, where broken trust is as - In smaller cases, where broken trust is as big as in large cases, get parents to big as in large cases, get parents to understand that they will have to declare understand that they will have to declare victory on their own terms and to use the victory on their own terms and to use the case as way to demonstrate to child later on case as way to demonstrate to child later on (and to themselves now) that they stood up (and to themselves now) that they stood up to correct an injustice, heal and move to correct an injustice, heal and move forward. forward.
Interviewing the Interviewing the parents…not the parents…not the clients. clients.
Treat the parents like you would Treat the parents like you would treat any parent. Parents want treat any parent. Parents want to know you care about their to know you care about their child. If you don’t care, don’t child. If you don’t care, don’t take the case. They were take the case. They were already mistreated as parents already mistreated as parents once, don’t become part of the once, don’t become part of the bad memory. Help them pivot bad memory. Help them pivot forward. forward.
Ask… how their child is doing? Ask… how their child is doing? Every time. While you may Every time. While you may know the child will heal up, the know the child will heal up, the parent is not sure so be patient parent is not sure so be patient while they catch up to you.. while they catch up to you.. Builds trust and eventually Builds trust and eventually allows them to resolve the case allows them to resolve the case in their own mind. in their own mind.
Factually, usually not a witness Factually, usually not a witness to the incident – but often a to the incident – but often a witness to what they were told witness to what they were told and when. Get them to help and when. Get them to help establish a timeline. establish a timeline.
Cell phones: time of phone calls Cell phones: time of phone calls and voicemail and voicemail Security video: were they shown Security video: were they shown video? Request copy. video? Request copy. Licensing: make a report Licensing: make a report
Healthcare: parents should treat child like a child who is injured, not have a lawyer manage his or her care.
Follow healthcare advice, or get Follow healthcare advice, or get another one. another one. Have them write down what Have them write down what they recall right away. He with they recall right away. He with notes wins. notes wins.
Evaluating sources of Evaluating sources of recovery recovery
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