300,000 Crashes in Ohio each year

Someone Calls you

Your TRIAL Evaluation Begins

Your CASE Evaluation Begins

DO YOU TAKE THIS CASE OR NOT?

Facts

Client Insurance – Auto/Health/Homeowners

Police Report & Photos

Photos- Scene, Vehicles, Injuries

Property Damage Claim

Witness Statements

Liability Analysis – Legal Research

Medical Records Ambulance &E/R

PCP

Specialist

P/T

Medical Bills

Out of Pockets

Wage Loss

Summary of Specials

SUBROGATION

Discuss Background Education

Employment

Family

Medical History

Crash History

Details of the Crash

Complete Summary of All Medical Care

DOCUMENTS

Auto Insurance Policy

Umbrella Policy

Health Insurance details

ALL photos –

ALL Correspondence

ALL stuff from doctors

ALL EOB’s

Check Stub for Wages

DON’T Talk to Anyone

Post to Facebook

Post PHOTOS

Post to blogs

Post to Newspaper websites

Forget to tell me if you move or change phone#

Tell Doc you’re “OK” if you’re not

DO Keep every piece of paper

Keep a “LAWYER LOG”

Email ME frequently

Take LOTS of PHOTOS

Keep track of Out of Pockets

Send ME all EOBs & Bills

Keep track of EVERY visit to EVERY care provider

Keep track of WAGE loss

CRASH REPORT

Police Photos

Witness Statements

CALL WITNESSES & Take Statement

GO TO THE SCENE

Get YOUR OWN PHOTOS of Scene, Car

CALL Officer!!

ADD to Crash Report

ONLINE SOURCES

GOOGLE MAPS & STREET SCENE

OSHP Website

Linked In- Facebook- social media

Check out your client

Check out other guy

LEGAL Research

INITIALLY Setting the Reserve

MAGNIFY the Case

Prove Liability 100%

Worst Case Scenario

Demand to know Policy Limits

Ask for All PHOTOS

Demand that Evidence Be Preserved of Other Vehicle Damage

AS THE CASE GOES ON Diary & Provide Updates

Keep Track of Specials and Provide Updates

Let Client give Statement?

Pre-Suit Mediation?

Initial Correspondence Demand Proof of Lien

Demand Language from Policy

Do NOT sign their forms

Do NOT provide tortfeasor info – privileged

Agree to work with them at the end

Argue Liability

Ask them for $$ - Expenses

Updates

Continue Liability Discussion

Never Agree to “collect” for the lien holder

Never Agree that the lien is “valid” – only that it will be considered

Prep for Negotiations on Day 1

CLIENT Recovering You have no control

Gather Medical Records

Get BILLS

Add Bills to Spreadsheet

Keep Track of Wage Loss

Easy to Update Insurer

GOAL - SHORTEN THE TIME BETWEEN RECOVERY & DEMAND

Type “What’s My Case Worth” into Google

PLUS POINTS Good Client

BIG hit

Solid, prove-able injury

Significant Specials

Good Photos

Good Police Report

Clear Liability

Logical Progression of Treatment

Good Log of Recovery

MINUS POINTS MIST Case

Allstate

Liability Issues

“Ow, my neck hurts”

Gap in Initial Treatment

Failure to follow advice

Pre-Existing Injuries

“It Hurts” 24/7/365

Unreasonable Expectations

DIGITAL DEMAND Organize your Digital

Case File with a “Demand” folder

Slide your Investigation from your digital case file to a CD-ROM

Prepare Demand Letter

SEND IT OUT

Start on Day 1

Start writing the LIABILITY Story

UPDATE the Medical Story as you go

Provide the BIG Medical Bill Number

Letter should

Confirm 100% Liability

Discuss Initial Pain at Scene

Quote Key Phrases from Medical Records

Discuss ALL treatment

Analyze any legal issues

Clearly set forth the demand

CLIENT Expectations Controlled?

Explain “Robinson” on Day ONE!

COMMUNICATE EVERY OFFER

Be Reasonable

Is This a Case you want to TRY

Is This a Client you want to put on the stand?

Your Experience

Jury Verdict Research

Magas Verdict Research

LIENHOLDER

Negotiate Lien

Client paying 1/3

Client Paying expenses

Client Taking all Risk

Liability Issues

“Value” issue

Hopefully you’ve built a relationship

Confirm in Writing/Email

INSURER

Confirm All OFFERS

Send all offers to Client

Follow up all Telecons with email or letter/fax

Confirm all discussions with Client in email/writing

CONFIRM SETTLEMENT IN WRITING

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