After the Verdict

• Author: Ellsworth T. Rundlett III
• Pages: 837-856

7-1

Chapter 7

After the Verdict

§700 In General

§710 Settlement After Verdict for Plaintiff

§720 Settlement After Verdict for Defendant

§730 To Appeal or Not to Appeal

§740 Checklist of Compensation, Costs, and Disbursement of Settlement Proceeds

§750 Conclusion

§700 In General

§710 Settlement After Verdict for Plaintiff

§711 When to Accept Less Than the Verdict

§712 Checklist: Analyzing Likelihood of Appeal of Verdict by Defense

§720 Settlement After Verdict for Defendant

§730 To Appeal or Not to Appeal

§740 Checklist of Compensation, Costs, and Disbursement of Settlement Proceeds

§740.1 Paying Medical Bills and Subrogation Liens for Health Insurance, Medical

Payments Coverage, Workers’ Compensation, and Medicare

§740.1.1 Agencies and Entities Dealing With Subrogation and Reimbursement

of Medical Bills

§740.1.2 Sample Letter Requesting Waiver or Reduction of Lien by Insurer,

Medicare or Other Agency With Subrogation Rights

§740.1.3 Responding to the Question of Whether or Not Your Firm Has

Reduced Its Attorney Fees

§740.1.4 Fee Problems With Clients

§741 Sample: Letter to Client Outlining Costs, Fees and Disbursements

§750 Conclusion

§700 MAXIMIZING DAMAGES IN SMALL PERSONAL INJURY CASES 7-2

§700 In General

When the trial is over you will either have won a verdict for the plaintiff or lost the case. Either way you

will be faced with postverdict questions, issues, and things to do. This brief, though essential, chapter will

deal with the major considerations that must be undertaken after the trial is over and the jury has returned

its verdict.

§710 Settlement After Verdict for Plaintiff

If you have won a verdict for the plaintiff, in addition to the verdict amount your client will be entitled to

compensation in the form of interest and costs. In small cases this additional amount can be a fairly significant

factor since the costs of bringing a small case to court are often substantial.

Some insurance carriers employ several techniques to reduce their final obligation. Some of these include

the following:

1. Sending a check for the verdict amount immediately after trial.

In some cases, plaintiffs’ counsel will be surprised to see an insurance draft for the jury verdict amount,

without interest or costs, a day or two after the trial has ended. The carriers presume or hope that some

plaintiffs will be happy to get the check, thereby waiving interest and court costs. Beware of such a procedure.

2. Negotiations by defense counsel for a lesser amount than the verdict.

Plaintiffs’ counsel can expect a telephone c all from defense counsel who will suggest the possibility of an

appeal, motion for new trial, request for remittitur, or other aggressive tactics after the verdict. The purpose of

such threats is to request a concession from the plaintiff to accept less than the verdict amount. If you are faced

with this decision, consider the factors enumerated further in this chapter.

3. The filing of voluminous post-trial motions.

The difference between this and the tactics outlined above is that such motions are filed automatically

before defense counsel tries to negotiate a lower compensation figure. In this instance, plaintiffs’ counsel

is put against the wall to either respond to the flurry of motions or agree to a lesser amount for plaintiffs

compensation.

4. Good guy/bad guy approach.

With this tactic plaintiffs’ counsel is contacted by the insurance adjuster who suggests that defense counsel

has recommended an appeal. The adjuster indicates that he would rather “pay the plaintiff” than continue

paying defense costs. A compromise will be suggested as though the adjuster has bypassed defense counsel in

an attempt to settle the case.

§711 When to Accept Less Than the Verdict

If any of the above approaches takes place, the plaintiff will be required to make a decision—accept

a compromise or call the bluff of the defense. It is important to note the tremendous difference between

small cases and large cases in this situation. In very large cases, you can almost always count on post-trial

motions, an appeal, and negotiations for lesser compensation to the plaintiff. However, in small cases,

especially those in the $15,000 range and under, it is unproductive and unprofitable for the insurance

carrier to spend several thousand dollars on appeal with the expectation of spending even more money