What are the different parts of a settlement brochure?
The individual parts of a settlement brochure should include a statement of the facts, the client's personal history, the client's medical history and medical condition, the damages suffered by the client, and an evaluation of the case and statement of the settlement.
What is included in a settlement summary?
The settlement summary compiles all essential information outlining the benefits of settling the case at an early stage in the litigation. Settlement summaries are usually not much longer than one page. Nice work! You just studied 44 terms!
What is a settlement?
A settlement is an agreement or a contract between parties that terminates their civil dispute. What are some of the preliminary decisions surrounding settlement? The two most obvious factors are time and money.
What are some of the preliminary decisions surrounding settlement?
What are some of the preliminary decisions surrounding settlement? The two most obvious factors are time and money. Because the legal system is overburdened with a heavy case load, it is not uncommon for a court's calendar to be backed up for months.
How many types of settlement brochures are there?
There are three general types of settlement brochures. The type of brochure used in any particular case depends on several factors.
What is the purpose of a settlement brochure?
The third purpose of a settlement brochure is to demonstrate to the Defendant or carrier that the Plaintiff’s attorney has the ability, knowledge and competence to properly try a brain injury case before a jury. It is well known that one-factor insurance carriers consider when evaluating a claim is the track record of the Plaintiff’s counsel in other similar cases. The carrier will be evaluating the Plaintiff’s attorney at the same time they evaluate the case. The settlement brochure is often the first opportunity the carrier will have to evaluate the performance of the Plaintiff’s attorney.
What is the importance of evaluating a brain injury claim?
Therefore, it is important to provide enough information about the Plaintiff to enable the Defendant to fully evaluate the claim.
How to create a settlement brochure for a brain injury?
1. Present The Plaintiff’s Case . There are three primary goals when creating a settlement brochure in a brain injury case. First, to present the Plaintiff’s case in the best possible light and maximize the potential recovery.
Why is it important to settle a case?
The goal of every Plaintiff’s attorney is to obtain full compensation for the client and full value for the case . Very few attorneys would prefer to try a case before a jury rather than settle the claim before trial. A good settlement is almost always better than a good verdict. Settlement eliminates all of the uncertainties associated with litigation. The attorney and client retain some control over the outcome of the case as long as settlement negotiations are continuing. As a general rule, the Defendant and the insurance carrier would prefer to settle the case also. Thus, it is important to maximize the opportunities for settlement as a case progresses. One of those opportunities is the manner in which the Plaintiff’s claim is submitted to the Defendant and insurance carrier.
Why are video brochures important?
In cases where Video brochures can be very helpful in claims where liability is at issue. Video footage of the accident scene or computer animations of the manner in which the accident occurred can conclusively establish the Defendant’s negligence. It can also be used to refute Defendant’s contentions of how the accident occurred.
How much does a settlement video cost?
The cost will be the primary factor in many cases. A comprehensive video settlement brochure can easily cost $8-10,000 to produce. If the available insurance coverage or the litigation budget is limited, a video may not be a viable option.
What is included in a settlement brochure?
The settlement brochure tends to be more elaborate, in that it includes photographs, charts, graphs, newspaper articles, witness statements, medical reports, and the like.
How long is a settlement summary?
Settlement summaries are usually not much longer than one page.
What is a tortfeasor agreement?
A secret or semisecret agreement between the claimant and one or more, but not all, the tortfeasors.
What happens when a party submits a proposal to the arbitrator?
The parties submit their proposals in confidence to the arbitrator after evidence is presented, the arbitrator then assigns a value to the case, and the parties agree to accept the high or low figure closest to the arbitrator's value.
What is an adversarial hearing?
An adversarial hearing before a neutral party or arbitrator who listens to each side and then makes a decision (an award) regarding the dispute.
What happens if a dispute is not settled?
The dispute is mediated first, and if the dispute is not settled, the parties then move into the arbitration phase, which would generally be binding.
What does each side present to the arbitrator?
Each side presents its evidence to the arbitrator, each party informs the arbitrator what one number it believes the award should be, and the arbitrator must choose one of those proposed awards, based on the evidence heard
When did the Patterson family buy Highland Propane?
In October of 2004 the Patterson family called Highland Propane to ask about getting the tank filled. On or about October 11, 2004, Highland Propane mailed out a name change contract.
What caused the Patterson home explosion?
were awakened by a horrific explosion in the Patterson home. This explosion blew the home apart, heaving the occupants into the air before they crashed back down in the fiery debris. The cause of this explosion was a rogue and trespassing 325 gallon LP gas tank that was placed, owned, serviced and the responsibility of the Defendants, through their propane operations underthename “Highland Propane.” That LP gas tank was placed on thepropertyfor propaneservice to a prior owner in 1998, and continued to sit on the property unserviced for a period of 8 years (from its last fill date in 2001 through the date of the explosion). It remained on the property until the fateful day when this explosion occurred despite multiple requests by multiple property owners that the tank be removed, as well as the company’s own self-generated service order for removal. The Defendants chose to put profits over safety, following their business practice of leaving unused propane tanks to trespass on the propertyof others to serve as billboards, in hopes of obtaining future business. Unfortunately, the Plaintiffs had to pay the costs for that business decision through the severe and permanent injuries to their bodies, including brain, burn, orthopedic and other injuries.
The Purpose of A Settlement Brochure
- 1. Present The Plaintiff’s Case
There are three primary goals when creating a settlement brochure in a brain injury case. First, to present the Plaintiff’s case in the best possible light and maximize the potential recovery. Second, to provide the Defendant or insurance carrier with the information they need to justify the payme… - 2. Provide Enough Information To Evaluate The Claim
In evaluating a brain injury claim, the Defendant must not only consider the strength of the Plaintiff’s evidence it must also be able to evaluate any defenses that may be available. Therefore, it is important to provide enough information about the Plaintiff to enable the Defendant to fully …
Types of Settlement Brochures
- There are three general types of settlement brochures. The type of brochure used in any particular case depends on several factors.
Content A Settlement Brochure Needs
- Because claims of mild brain injury have become more common in recent years, they have come under much closer scrutiny by liability insurance carriers. In many instances, insurers treat claims of mild brain injury with the same level of skepticism that they treat soft tissue injury claims. “If you can’t see it or show it by an objective test, then it does not exist.” The attorney must be prep…
Conclusion
- Settlement brochures provide a terrific opportunity to demonstrate the attorney’s knowledge, expertise, and preparation to the insurance carrier while at the same time maximizing the potential recovery in the case. Many attorneys believe that the best way to settle a claim is to prepare for trial. A well-prepared brochure that carefully documents the Plaintiff’s injuries will no…