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Description
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These seminar materials were published in May 2010. They are available for
immediate download. Please see the information
on electronic books.
Copyright © 2010 Virginia
Law Foundation. All rights reserved.
TABLE OF CONTENTS
EVALUATING AND SETTLING PERSONAL INJURY CLAIMS: THE PLAINTIFF’S PERSPECTIVE
Richard Armstrong, Lenhart Obenshain
I. Introduction: Think strategically
II. Case evaluation: The Three-Legged Stool
1. Liability checklist
2. Damages checklist
3. Coverage checklist
III. Client evaluation
1. Client evaluation checklist
IV. Managing client expectations
1. Managing client expectations
V. Should you make a demand at all?
1. Pros for making a demand
2. Cons for making a demand
IV. Initial contact with adjuster
V. Preparing the demand
1. Valuing your case
2. Preparing the demand letter
VI. Negotiations
VII. Mediation
VIII. What to do after Settlement
Appendix
CLAIM VALUATION THE DEFENSE PERSPECTIVE EXPECTED VALUE ANALYSIS
H. Robert Yates, III, LeClair Ryan
I. Introduction
A. Plaintiff Perspective – the defense knows this and it may not be fair, but
it is true
1. Single Shot
2. But cost of loss is much greater than $100,000
B. Defense Perspective
1. Repeat Player
2. Spread Risk
C. Two Values
1. Settlement Value
2. Jury Verdict Range
II. Expected Value
A. Simple Formula
1. Probability of Defense Verdict
2. Jury Verdict Range
3. Compromise Verdict
4. Cost of Defense
5. Cost to Plaintiff
6. Cost of Extreme Verdict
III. Estimating Jury Value
A. Liability Factors
1. Compromise Verdict
2. Not that Negligent Verdic
3. Bad Facts and Admission of Liability
B. Valuation of injuries
1. Old rule of thumb – three times specials
2. Soft tissue
3. Broken bones
4. Neurological, brain or spinal
5. Loss of Limb
6. Death
7. Emotional issues
C. Effect on Life
1. Loss of Enjoyment
2. Permanency
D. Plaintiff as Witness
1. Overreaching
2. Honesty
3. Trial Greed
IV. Conclusion
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