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- Maximizing Damages in Small Personal Injury Cases - 2014
- Appendices
- Settlement Negotiations
Checklist for Requesting Early Neutral Evaluation in Addition to Mediation
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Make sure that all special damages have been calculated and verified before presentation to the mediator.
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Consider the fact that medical bills may not be the actual amounts if paid by insurance. That is, if medical bills have been paid by a health insurance carrier such as Blue Cross/Blue Shield in the amount of $8,000 as opposed to $14,000 actual medical bills, you must consider this in your presentation.
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Make sure that all loss of income has been documented and is not speculative.
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Determine whether or not there are any problems with liability or comparative negligence that could either substantially reduce the value of your case or result in a defense verdict. In such cases, early neutral evaluation may be meaningless.
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Prepare your opening statement at least two or three times, making sure that it is clear, objective, documented, and has appropriate demonstrative materials.
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Use videos, diagrams, and photos to demonstrate clear liability.
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Make sure the carrier does not object to the request for neutral evaluation before making the presentation. (Without permission, this could cause the insurance carrier to refuse further mediation.)
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Prepare your client for any questions regarding injuries and damages.
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Review all medical records to make certain there are no problems with pre-existing conditions, subsequent aggravating events, or other problems that can have an impact on damages.
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Be certain the mediator has significant experience as both a plaintiff and defense attorney so that the value placed by the mediator will be credible to both parties.
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Determine whether or not it is appropriate to indicate your own value. (In most cases, I believe it would be inappropriate to request neutral evaluation and then assert your own value during your presentation.)
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Use charts on damages...
To continue reading
Request your trial- Appendices
- Settlement Negotiations
- Sample: Response in an Automobile Case with Some Liability Question
- Stipulated Agreement for Relief from Automatic Stay
- Memorandum in support of motion for approval of agreement for relief from automatic stay
- Sample: Written Response in an Automobile Case with Clear Liability
- How to Minimize the Impact of Independent Medical Examinations
- How to Minimize the Impact of Independent Medical Examinations
- Sample: Response in a Premises Liability Case
- How to Minimize the Impact of Independent Medical Examinations
- Sample Letter: To Insurance Carrier Regarding Five and Ten- Year Medical Records Request
- Sample: Demand Letter in a Small Personal Injury Case
- Order Modifying Automatic Stay
- Sample: Written Response in Automobile Case with Questionable Damages
- Motion for Approval of Agreement for Relief from Automatic Stay with supporting Memorandum of Law
- Letter to Carrier Accepting Policy Limits in Contemplation of Bad Faith Claim for Failure to Settle a Claim Within Policy Limits
- Sample Letter to Insurance Carrier Regarding First Party Bad Faith
- Special Needs Trust (Supplemental Care Trust)
- Motion for Relief and Reinstatement Sanctions Attorney Fees
- Checklist for Requesting Early Neutral Evaluation in Addition to Mediation
- Form Requesting Early Neutral Evaluation in Addition to Mediation
- Authorization/Limited Power of Attorney
- Form for Use With Focus Groups
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Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
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Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
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You can sign up for a trial and make the most of our service including these benefits.
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Over 100 Countries
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Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
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Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
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Over 100 Countries
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Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
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Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
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Over 2 million registered users
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Why Sign-up to vLex?
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Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
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Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
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Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
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Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.