Handling Severe Bodily Injury Claims

1) Introduction of speaker
2) Outline of presentation
3) Distractions in claims handling
4) The use of checklists / bodily injury checklist
5) Jurisdictional differences
a) General state differences
b) Example: Missouri vs. Kansas, in Kansas City
6) Economic damages
a) Medical billed vs. Medical paid
b) States treat these numbers differently
7) Key experts in proving damages
a) vocational expert
b) rehabilitation doctor
c) life care planner
d) economist
8) Recap

1) Vocational Expert
a) Opine as to plaintiff’s ability to return to work
b) Use the Dictionary of Occupational Titles
2) Rehabilitation Doctor
a) Opine as to future medical complications
b) Assist in life care plan
3) Life Care Planner
a) Identify the lifetime needs of the plaintiff
b) Assist in life care plan
4) Economist
a) Wage losses
b) Time value of a day

1) Non-Economic damages
a) Caps on non-economic damages
2) Fault of other parties
a) Joint and several liability
b) Comparative fault regimes
3) Punitive damages jury instruction
4) Coverage of punitive damages
5) Additional evidence coming in at trial
a) Defendant’s wealth
b) Post-accident response
6) Jury research
a) Bad acts
b) Insensitivity at trial
c) Systemic problem
7) Recap

1) Mathematical formula for a jury’s desire to punish
2) Example applications of the formula
a) Repeat DUI offender kills boy on bike
b) Remorseful first time offender kills his passenger
3) Takeaways from the mathematical formula
4) Intangibles of a case
a) Politically sensitive
b) Community reputations
5) Jurisdictional issues
6) The judge’s leanings
7) Excess exposure
8) Recap

1) Example work-through problem
a) Car accident with policy limits of $250k/$500k
b) One claimant has $23k in medical bills and no lost wages
c) One claimant has $63k in medical bills and $25k in lost wages
d) Should there be notice?
2) Who should receive notice of potential for excess?
3) What is the proper manner of giving notice of potential for excess?
a) In writing
b) Right to retain separate counsel
c) Settlement opportunities or demands
4) Recap

1) Not always a way to eliminate all exposure
2) Example work-through problem
a) Multiple claimants with insufficient coverage
b) Possible to obtain a release from some of the claimants
c) The other claimant is the insured’s friend
3) A global resolution is not always possible
4) Interpleader
5) Five step process to handle multiple claimants
a) Investigate the claims
b) Communicate with the insured
c) Get a global settlement if possible
d) Keep the insured apprised of settlement opportunities
e) Settle the individual claims in a reasonable manner
6) Recap