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 Today’s faculty features: Benjamin A. Crane, Principal, Coplan & Crane , Oak Park, Ill. Fred Pritzker, Founder and President, Pritzker Hageman , Minneapolis 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 .
Tips for Optimal Quality FOR LIVE EVENT ONLY Sound Quality If you are listening via your computer speakers, please note that the quality of your sound will vary depending on the speed and quality of your internet connection. If the sound quality is not satisfactory, you may listen via the phone: dial 1-866-869-6667 and enter your PIN when prompted. Otherwise, please send us a chat or e-mail sound@straffordpub.com immediately so we can address the problem. If you dialed in and have any difficulties during the call, press *0 for assistance. Viewing Quality To maximize your screen, press the F11 key on your keyboard. To exit full screen, press the F11 key again.
Continuing Education Credits FOR LIVE EVENT ONLY In order for us to process your continuing education credit, you must confirm your participation in this webinar by completing and submitting the Attendance Affirmation/Evaluation after the webinar. A link to the Attendance Affirmation/Evaluation will be in the thank you email that you will receive immediately following the program. For additional information about continuing education, call us at 1-800-926-7926 ext. 35.
Program Materials FOR LIVE EVENT ONLY If you have not printed the conference materials for this program, please complete the following steps: Click on the ^ symbol next to “Conference Materials” in the middle of the left - • hand column on your screen. • Click on the tab labeled “Handouts” that appears, and there you will see a PDF of the slides for today's program. • Double click on the PDF and a separate page will open. Print the slides by clicking on the printer icon. •
Leveraging Demand Letters to Obtain High Settlements in Auto Accident Cases By Fred Pritzker, Esq. fhp@pritzkerlaw.com
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”
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.”
Strategic Considerations • Whether to even submit demand • Timing of demand • Whether you have enough information to issue demand
Strategic Considerations • Mode of conveyance – Why does it have to be written? – Presentation apps: https://zapier.com/blog/best- powerpoint-alternatives/
Strategic Considerations • Level of Detail – Brief: “I don’t want to give away too much information” – Detailed: A pitcher with a 100 mph fastball
Amount of Demand • High but accurate case valuation • “Anchoring” demand amount – Settlement and verdict reports – Results you obtained in similar cases
Threats and Promises • Withdrawal of demand • Put case in suit • Bad faith • Refusal to negotiate • Length of time for demand response
Anticipating Responses • Disclosure/discussion of weak points • Providing unfavorable records (e.g. priors)
Use of Jury Instructions • Helps to frame positive and negative issues in your case • Helps to organize flow of the demand
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!
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!
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”
Elements of a well-drafted demand
Elements of a well-drafted demand • injuries and treatment ( con’t ) – Use of x-rays, MRIs, Google images – Importance of using visuals to show operations and procedures – E.g. http://www.understandspinesurgery.com/ Videos/Watch/Decompressive-Lumbar- Laminectomy – Importance of Medline journal articles
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
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 E 1 , Heijenbrok-Kal MH 2 , Ribbers GM 2 .
Thank You Contact information: Fr Fred ed Pr Prit itzk zker er h 7 th th St 45 45 So Sout uth 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
LEVERAGING DEMAND LETTERS TO OBTAIN HIGH SETTLEMENTS IN AUTO CASES BEN CRANE
Y OU MUST PLAN ! Plan to make the client happy. Plan to maximize leverage Plan for when the check arrives
P LANNING TO ESTABLISH LEVERAGE WITH YOUR DEMAND Who? What? How? Where? When?
U PON WHO ARE YOU EXERTING LEVERAGE ? Insurer Insured Excess Carrier Lienholders and subrocarriers Opposing counsel Client
W HAT DO YOU NEED TO EXERT LEVERAGE ? The Policy Limits Medical Records Medical Bills Liens/ Subro’s Photos/google overhead Crash Report Complaint Written Discovery
W HEN ARE YOU EXERTING LEVERAGE ? Pre-suit: After Maximum medical improvement After plaintiff’s deposition After treating physicians Mediation Arbitration Trial
H OW ARE YOU EXERTING LEVERAGE ? Demand Package All they need Make it easy for them. Medical literature/illustrations Verdict and Settlement Reporter
H OW ARE YOU EXERTING LEVERAGE ? Demand letter Confirmation of policy limits Permanency Future Care Damages Law Liability Law Bad Faith Law Your record.
W HERE ARE YOU GOING TO EXERT L EVERAGE Arm’s length Mediation Settlement Conference Arbitration Trial
S ETTLEMENT S PREADSHEET
T HANK Y OU Benjamin A. Crane Coplan & Crane 1111 Westgate St. Oak Park, IL 60301 Phone: 800-394-6002 bcrane@coplancrane.com
Recommend
More recommend
