The Settlement Process

Once a client has completed treatment and reached what I call MMI (maximum medical improvement) I draft a demand letter. The demand will consist of all medical records indexed along with each bill for the cost of treatments rendered as corresponding to the date of treatment. Additionally, other cost incurred are included such as rental cost, prescriptions, towing bills, and lost wages. These are all forward to the claims adjuster in a very neat and organized package with a cover letter outlining my client's position on liability and a complete and accurate account of the damages. We use this opportunity to advocate our client's position right up front with a complete and compelling articulation of our position. It is our intention to impress upon the claims adjuster that we are thorough. We have investigated and we are prepared. Many attorneys also like to forward the complaint and discovery along with the demand package. Personally, I make this decision on a case by case basis. I prefer to make contact with the adjuster immediately after I receive a case. This way I get an idea of the type adjuster I am dealing with. I find some adjusters are professional and objective and simply evaluate the case accurately. Others are dispassionate, or indifferent, and still others are crusaders for the position that all injured persons are simply liars. I always believe the crusaders stay crusaders until they are injured in an accident. The difference in sending the complaint and discovery with the demand is minimal in effect but similar to greeting some one with a hand shake or with your fist up. When I have developed a relationship with the adjuster I see no reason to greet them with my fist at the ready. Besides the indifferent adjuster never even read the complaint/discovery, the crusaders welcome the complaint/discovery, and the professionals laugh at the complaint/discovery. In any event, in the most serious of cases, I make a practice of letting the adjuster know well in advance that we have a serious injury case. I have learned that giving this advanced notice helps the adjuster to set reserves in the case. This impact can not be minimized down the road. At the commencement of the case the adjuster sets a reserve for their evaluation of the case value. They will be evaluated by their boss later in the year based on how many cases they settled with in the limits of these initial reserves. If the adjuster has a low reserve in your case based on a misimpression of the value they will try to get your case settled with in the confines of the low reserve. Not a good situation when you are trying to settle the case at maximum value for your client. I make a point of checking with the adjuster if they prefer that I forward preliminary medical reports and updates as the treatment progresses or send the completed demand package at the end of the case. Some adjusters have a preference. I have found that treating each client's case as an individual case instead of pursuing the cookie cutter approach maximizes the potential for a successful recovery.

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