lot of opinions on the listserv on these topics.
Know Your Insurance Company
Keep track of your settlement ne-
gotiations with individual insurance companies. If you keep copious notes, you will see patterns develop. In some cases, every adjuster has virtually the same approach to settlement, and in- creases in settlement offers are doled out according to some master plan. There are certain insurance companies that do not want to expose their insured to an excess verdict, and will make a reason- able settlement offer in a Circuit Court case in which the amount demanded exceeds the policy limits. Finally, as mentioned earlier, sometimes all you need to do to get someone’s attention is file suit. After filing suit, call the defense
attorney and/or adjuster and see if their stance has changed. Depending on the insurance company
and adjuster, chances are the adjuster did not offer “full authority” before you filed suit. Some adjusters will as- sume that you are merely threatening to file suit and that you will call and accept their last offer before actually filing. Also, sometimes an adjuster and attorney may not see eye-to-eye on a case, and may have a falling out during settlement negotiations, so the full au- thority was never offered. The authority is, however, the authority. The defense attorney assigned to the case will have the entire claim file, which contains the full authority. After a responsive pleading is filed, it can be useful to call defense counsel for a variety of reasons. For example, if you were close to getting the matter resolved, he or she may be willing to tell you the actual authority
or even get a little more on the file to resolve the case.
Be Prepared and Organized This should go without saying, but too
many times I have seen attorneys try a case by the seat of their pants, have no control over witnesses, have no com- mand of the facts and fumble through exhibits and testimony. For this reason, this point needed to make the list. Before your client answers interroga-
tories, is deposed, or takes the stand, spend quality time going over the im- portance of being honest and accurate. The credibility and believability of a plaintiff is called into question before he or she ever takes the stand due to the current perceptions of the litigation process and the jurors’ natural skepti- cism. Before trial, read the entire file, includ-
Structured Settlements
For Your Client’s Financial Security Introduce Them to Someone With
• • • Gary Blankenship Integrity and Trustworthiness
20+ Years of Experience in Maryland Quality and Knowledge Exceeding Expectations
1-800-284-4650 Tom Dolny
Winter 2009
Trial Reporter
39
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