Settlement negotiations

• Author: Ellsworth T. Rundlett III
• Pages: 375-548

SETTLEMENT

NEGOTIATIONS

4-1

CHAPTER 4

SETTLEMENT NEGOTIATIONS

§400 IN GENERAL

§410 FIFTEEN KEY POINTS TO REMEMBER BEFORE NEGOTIATING A SMALL PERSONAL INJURY CLAIM

§420 THE DEMAND LETTER: CHECKLIST OF DAMAGES

§421 Medical Bills

§421.1 Past Medical Bills

§421.2 Future Medical Bills

§421.3 Sample Paragraph for Demand Letter Regarding Future Bills

§422 Loss of Income or Wage Loss

§422.1 Past Income

§422.2 Future Loss of Income

§423 Pain

§423.1 Future Pain

§424 Suffering

§424.1 Proving Damages in Elderly Plaintiff Cases

§424.1.1 Checklist: Responses to Insurance Carrier Reasons

for Low Offers in Elderly Plaintiff Cases

§424.2 Preparing an Elderly Plaintiff Case for Trial

§424.2.1 Checklist: Expediting Resolution of Elderly Cases

§424.3 Representing the Elderly—2013

§424.3.1 Eight Tips for Handling Cases for the Elderly

§425 Loss of Consortium

§425.1 Documenting Loss of Consortium

§425.2 Loss of Consortium Problems and Opportunities

§425.3 Reference Aids for Loss of Consortium Cases

§426 Permanent Impairment

§427 Permanency

§428 Evaluating, Proving, and Settling Cases Involving Scarring and Permanent Disf‌igurement

§429 Property Damage and Miscellaneous Expenses

§430 EVALUATING AND ESTABLISHING A DEMAND FIGURE IN SMALL PERSONAL INJURY CASES

§431 Special Method for Establishing a Demand in Small Cases

§432 Establishing an Authority Figure With Your Client

§432.1 How to Deal With a Client Who Will Not Accept a Reasonable Offer

§432.2 Responses to Client Questions About Settlement

§433 Sample: Demand Letter in a Small Personal Injury Case

§434 Checklist for Settlement Brochures

SETTLEMENT

NEGOTIATIONS

Maximizing Damages in Small Personal Injury Cases 4-2

§435 Settlement Brochures—When to Use/When Not to Use

§436 Informing Clients About Potential Bad Verdict Results

§436.1 Sixteen Cases That Could Have Settled Which Resulted in Low or Defense Verdicts

§440 SETTLEMENT NEGOTIATIONS

§441 When to Negotiate and When Not to Negotiate

§442 Where to Negotiate

§443 Concessions You Can Make

§444 Concessions to Obtain

§445 Fourteen Negotiating Techniques That Really Work

§446 Filing Suit During Negotiations

§450 INSURANCE CARRIER NEGOTIATION TACTICS AND HOW TO DEAL WITH THEM

§451 The Ridiculously Low Offer

§452 Getting Authority

§453 Refusal to Respond

§453.1 The Carrot Tactic

§454 What Will You Take?

§454.1 “Preliminary Evaluation” Technique

§455 The Use of Local or National Adjustment Companies

§456 The One and Only Offer Technique

§457 The Bounce Back Double Lowball

§458 Request for Documentation, Statements, and Independent Medical Evaluations

§458.1 More Documentation

§458 .1.1 Request for Medical Records for the Five-Year to Ten-Year Period Prior to Claim

§458.1.2 Sample Letter to Insurance Carrier Regarding

Five and Ten-Year Medical Record Request

§458.2 Using Client Statements Obtained Before Representation

§458.3 How to Deal With Client Statements Obtained by Insurance Carrier

§458.4 Independent Medical Examinations

§458.4.1 How to Minimize the Impact of Independent Medical Examinations

§459 Reduction or Withdrawal of the Offer

§460 CONSIDERATION OF THE OFFER AND APPROPRIATE RESPONSE

§461 Communicating the Offer to the Client

§462 Responding to the Offer

§463 Written Response to Insurance Adjuster

§463.1 Sample: Response in an Automobile Case With Some Liability Question

§463.2 Sample: Written Response in an Automobile Case With Clear Liability

§463.3 Sample: Written Response in Automobile Case With Questionable Damages

§463.4 Sample: Response in a Premises Liability Case

§464 Structured Settlements

§464.1 Advantages and Disadvantages of Structured Settlements

§465 How Much, or How Little, to Settle for?

§466 The 18 Steps to Evaluation of a Small Personal Injury Case

§466.1 Liability

§466.2 Comparative Negligence

§466.3 Medical Bills

§466.4 Medical Information

§466.5 Injuries

§466.6 Loss of Income

§466.7 Permanency, Permanent Impairment and Permanent Disf‌igurement

§466.8 Collision Damage

§466.9 Quality of Plaintiff

SETTLEMENT

NEGOTIATIONS

4-3 Settlement Negotiations

§466.10 Quality of Defendant

§466.11 Loss of Consortium

§466.12 The Insurance Company

§466.13 Client’s Expectations

§466.14 Quality of Potential Witnesses

§466.15 Venue

§466.16 Liens

§466.17 Law

§466.18 Time From Date of Incident to Trial

§466.19 The Final Settlement Figure

§467 An Analysis of Ten Recent Small Personal Injury Settlements (6/92 Supplement)

§467.1 Restaurant Slip-and-Fall

§467.2 Postal Worker in Rear-End Collision

§467.3 Auto Passenger With Hemophilia

§467.4 Student Actress Falling From Stage

§467.5 High School Track Star

§467.6 Pregnant Woman in Rear-End Collision

§467.7 Fall From Porch Because of Defective Railing

§467.8 Motorcycle/Automobile Collision

§467.9 Dog Bite Case

§467.10 Auto Passenger With Soft Tissue Injuries

§468 Policy Limits

§468.1 Checklist When Settling for Policy Limits

§468 .2 Agreement to Accept Policy Limits if the Defendant or Potential Defendant Files for Bankruptcy

§468.3 Sample Forms for Relief From Automatic Stay if the Defendant Files for Bankruptcy

§469 Recent Jury Verdicts in Small to Medium Personal Injury Cases (7/94 Supplement)

§469.1 Medical Malpractice Verdict Resulting in Facial Nerve Damage

§469.2 Rear-End Collision Against Insurance Company

§469.3 Rear-End Collision With Herniated Disc

§469.4 Slip-and-Fall in Front of Hospital

§469.5 Pedestrian Struck by Automobile

§469.6 Head-On Collision

§469.7 Slip-and-Fall on Ice at Residence

§469.8 Rear-End Collision Followed by a Second Accident

§469.9 Repairman Falls Through Defective Steps

§469.10 Young Boy Injured on School Playground

§469.11 Slip-and-Fall of Female Prisoner

§469.12 Couple Injured by Farm Chemicals

§469.13 Emotional Distress for Mother Who Witnessed Daughter’s Injuries

§469.14 Pedestrian Struck by Automobile During Snow Storm

§469.15 Cosmetic Company Causes Facial Burns

§469.16 Reference Aids

§470 ALTERNATE DISPUTE RESOLUTION

§471 Forms of Alternate Dispute Resolution

§471.1 Mediation

§471.2 Arbitration

§471.3 High-Low Arbitration

§471.4 Minitrials

§472 Specif‌ic Alternate Dispute Resolution Firms

§473 When to Use Alternate Dispute Resolution

§474 Preparation for Successful Mediation

§474.1 Sixteen Mediation Preparation Tips Guaranteed to Lead to Settlement

§474.2 Sample: Best Case Summary for Mediation