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US Bodily Injury News

settlement value of the case based on the evidentiary developments to date. They are required to make recommendations on how settlement can be initiated and/or accomplished. As factual and expert discovery develops the settlement value of a case may change and the purpose of requiring the defense attorney to address these issues regularly is the VfM mantra, “NO SURPRISES”.

Compliance with the reporting guidelines allows the Member and Club not only to regularly follow the substantive and procedural progress of the case but to know what costs have been incurred and to check the expenses against the budget. If the Member and Club know at the outset what the financial cost of litigating a particular matter will be, they may take a different view on the timing and/or amount of settlement. With few exceptions, it makes no business sense to spend as much or more in litigation costs as is spent on settling a claim. Counsel’s performance is judged, in part, on how well they comply with the guidelines including how accurate their budgets were.

The Team regularly reviews claims with Members to agree on estimates and evaluate the cases. Members can always check current estimates on their files through the Club’s website using ClaimsTrac. The estimates drive renewal terms for Members and are thus a critical element for underwriting especially if reinsurance or specialist cover needs to be arranged. Accordingly, the attorney reporting guidelines are designed to contribute to current and accurate estimates for the life of a bodily injury case and accurately reflect a

Thomas Miller Americas’ Bodily Injury Team developed attorney reporting guidelines that are specific to bodily injury cases brought in the US. They work in conjunction with the Club’s overall Value for Money Program. In accepting an assignment of a case, attorneys – who are appointed because of their experience in handling bodily injury matters – are required to follow these guidelines.

Member’s exposure on the Club’s finances.


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