... Lawyers Sharing Settlement Strategy
~ Ask for Fair Value
~ Maximize Settlement Dollars
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Negotiations with an insurance company work like a ratchet wrench ~ the wrench moves
in one direction only. If you start too low, you will find that you can only move
down. It is, therefore, imperative that your attorney starts high -- i.e, at the high end of a reasonable range. Certainly, not every case merits a
demand for policy limits, but at the Law Offices of Gary L. Wolfstone, we
look at each case with this provocative question in mind: ~ Why can't this case be settled for
policy limits?
Should You Retain an Attorney?
Yes. If your case is truly worth policy limits, the injuries are complex and the legal
issues are a trap for the unwary. An attorney will be knowledgeable about making a demand and
extinguishing subrogation or other medical liens. An attorney will be prepared to
give the proper notice to other representatives of other related coverages to
preserve your rights. A competent and experienced attorney can add value to the case.
A nonlawyer who represents himself (herself) can easily diminish the value of the case.
Common Mistakes People Make in Negotiations
- Demanding too little; moving too fast; concluding too soon;
- Ignoring subrogation liens; ignoring lien cap statutes; failing to give proper and timely notice;
- Disregarding the full panoply of services available for case resolution in your community ~ notably, ADR, arbitration with high/low, and/or mediation;
- Overlooking evidentiary problems ~ i.e., recognizing problems in presenting evidence so that it is admissible or laying the foundation for sustainable objections to prejudicial evidence;
- Overlooking legal defenses and legal theories of liability;
- Overlooking procedural claim form requirements; filing deadlines; and statutes of limitations;
- Lacking the credibility to follow through when it appropriate to say, "We could file a lawsuit," and lacking the wisdom to back down when it is appropriate to do so;
- Learning by trial and error; Experience is the best teacher and she exacts a dear price; Thinking you can outsmart claims adjusters who have devoted their professional lives to handling (or defeating) claims; ... in other words ... you're making a mess out of your case and taking a trip down the longest river in Egypt ~ Denial, Denial, Denial;
- Overstating medical facts or opinions;
- Underutilizing professional witnesses or omitting to ask them for clarification;
- Yielding under pressure from claims professionals who understand and who are willing to exploit your weaknesses.
Finally, you must believe that a passionate Trial Lawyer has enough faith in you and confidence
in himself (herself) to get the job done ... like the little goat of song fame. Woooops, there goes another Billion Kilowatt Dam!
