DVD 01

1. Introduction and Overview
2. Insurance Systems Governing Claim Settlement
3. Average Auto Settlements throughout the US
4. Claim Maximization Model
5. Are We Really Trial Lawyers?
6. You Must Try Cases to Get Higher Settlement Offers
7. Referring to Trial Counsel Is a Win-Win Proposition
8. Maximize Settlements by Preparing for Trial from Day One
9. Credibility Problems Causing Low Settlement Offers
10. Improve Settlements by Setting Case Reserves
11. Credibility in Your Demand Letter
12. The Demand Letter As an Exhibit in a Bad Faith Case
13. Keeping Up with the Records prior to the Demand Letter
14. Types of Demands to Avoid
15. Six Types of Demand Letters
16. The Optimal Demand
17. Doctor Chart Notes are Critical to Claim Value
18. Lawyers Provide Zero Value Unless They Do the Right Things
19. Problems with Comparative Negligence
20. Information the Adjustor Needs in the Demand Letter Part One
21. Colossus Use Is Often Bad Faith
22. Benchmark Tuning Colossus to Underpay Claims
23. Information the Adjustor Needs in the Demand Letter Part Two
24. Injuries/Diagnoses
25. Injuries Usually Not Evaluated by Claims Software
26. Using Medical Literature in Demand Letters
27. Disputing Malingering/Somatoform Disorder Defenses

DVD 02

1. Q&A
2. Social Media Kills Cases
3. Claim Databases—How They Can Impact Settlements
4. Complaints
5. AMA Permanent Impairment Rating
6. How Colossus Determines the Value of Permanent Impairment
7. Considering Future Economic Damages with an Impairment Rating
8. Why Use the AMA Fifth Edition Guides to Evaluate Permanent Impairment?
9. Prognosis
10. Duties under Duress
11. Loss of Quality of Life
12. Disfigurement
13. Factors Pertaining to Treatment
14. Delays and Gaps in Treatment
15. Q&A

DVD 03

1. Compliance with Treatment Plans
2. ER, Hospitalization, and Surgery Factors
3. Prescription Medication Factors
4. Home Therapy Factors
5. Medical Supply Factors
6. Imaging Factors
7. Using Medical Images in Your Demand Letter
8. Important Information about Your Clients’ MRIs
9. Physical Therapy, Massage, Biofeedback, Acupuncture, and Home Exercise Factors
10. Passive versus Active Therapies
11. Immobilization and Orthopedic Device Factors
12. Injection Factors
13. The Impact of Overtreatment and Other Issues with Past Medical Billings
14. Prior Infirm Conditions and Aggravations
15. Future Treatment
16. Addressing Economic/Special Damages
17. Submit the Demand with All Records and Bills the First Time
18. The Colossus Style Demand Letter Format Part One
19. Handling Issues in Minor Impact Cases
20. The Colossus Style Demand Letter Format Part Two

DVD 04

1. The Value of Hiring a Good Lawyer in Obtaining Higher Settlements
2. The Colossus Style Demand Letter Format Part Three
3. Claims Outcome Advisor/Liability Navigator
4. The Specifics of a Claims Outcome Advisor Demand Letter Part One
5. Comparative Negligence Determinations in COA
6. The Specifics of a Claims Outcome Advisor Demand Letter Part Two
7. The Lawyer as a Factor in Settlement Offers in COA
8. ClaimIQ
9. Comparative Negligence Determinations in ClaimIQ
10. GEICO
11. Exposure Manager
12. Demand Package Best Practices
13. Using Recent Verdicts and Arbitration Awards in Your Demand Letter
14. Negotiating the Claim when Software is Involved
15. The Impact of SIU on Your Settlement Offers and How to Avoid It
16. Tort Thresholds
17. State Farm Demands
18. The future—AI in Claims Evaluation
19. Bad Faith letters—the Difference Between First Party and Third Party Language
20. Q&A on How Insurers Determine “Reasonable and Necessary” Past Meds
21. Q&A on Permanent Impairment

DVD 05

1. Using Visuals in Demand Letters
2. Introduction
3. Why Adjustors and Jurors Need Visuals to Understand Your Case
4. Medical Illustrations
5. Using Medical Illustrations to Deal with Preexisting Conditions
6. Infographics and Timelines
7. 2D Animation
8. 3D Animation
9. Animation versus Simulation
10. Interactive Exhibits
11. Virtual Reality
12. Using Graphics to Set Reserves and in Your Demand Letters



Writing Demand Letters (Continued)

13. Writing Demand Letters for State Farm’s TEACH Program
14. Writing a Demand Letter
15. Creating Medical Timelines for Writing Demand Letters
16. Q&A on Demand Letters

DVD 06 - Trucking Insurance and Demand Letters

1. Developing Your Knowledge in Trucking Cases
2. A Different Approach to Trucking Demand Letters
3. What Law Applies in a Trucking Case?
4. The Value in Bates Stamping Demand Packet Documents
5. Prepare for Trial to Get a Good Offer
6. Truck Wrecks Are Not Big Car Wrecks
7. Trucking Insurance Is Different
8. Direct Negligence versus Vicarious Negligence
9. The Three Numbers in Trucking
10. The Problem with Using Monetary Numbers in the Demand
11. Triggering Effects
12. When and Where Does the Bad Faith Occur in a Trucking Case?
13. Why Are You Sending the Demand Letter?
14. When Do You Send the Demand Letter?
15. The Adjustor’s Reaction
16. Dealing with Multiple Layers of Insurance
17. Getting the Adjustor to Reconsider a Bad Offer
18. Video Demands versus Paper
19. Uniform Fraudulent Transfer Act
20. Insurers Investigate Lawyers and Clients
21. Don’t Be a Jerk
22. Using Old IMEs to Fight Preexisting Symptoms in Settlement Negotiations
23. Injuries That Are Missing from the Client’s Medical Records
24. Authority versus Evaluation
25. Expectations in Negotiation and Mediation
26. Concerns about Turning Treating Doctors into Experts
27. Presuit Mediation
28. Bad Faith Claims
29. Standard of Care Is Different Because of the Commercial Driver’s License
30. There is a Duty to Train Truck Drivers
31. Pressing Buttons or Using a Cell Phone is Banned while Trucking
32. Q&A: Setting Claim Value
33. How Do You Trigger Letters between Insurers

DVD 07 - Using Decision Science to Write Your Demand Letters (Focusing on Medical Malpractice and Product Liability Demand Letters)

1. Introduction
2. The Defense is Weaponizing Social Science against Us
3. The Atlas of Emotions and Moral Foundations Theory
4. The Five Categories of Emotions
5. Fear
6. Sadness
7. Disgust
8. Anger
9. Enjoyment
10. Understanding How the Defense Uses Emotions against Our Clients
11. A Traditional Model of Morality versus Moral Foundations Theory
12. Creating “Tribes”
13. Are We (the Adjustor, Jurors, and Yourself) All on the Same Side?
14. Common Moral Foundations
15. Care/Harm Axis
16. Fairness/Cheating Axis
17. Liberty/Oppression Axis
18. Gerry Spence’s Use of the Betrayal Theme
19. Authority/Subversion Axis
20. Sanctity/Degradation Axis (Disgust and Contamination)
21. The Dominant Moral Foundations of Libertarians, Liberals, and Conservatives
22. Using Moral Foundations in Writing Your Demand Letters, Arbitration, and Trial
23. Dealing with Causation
24. You Need a Clear Moral Narrative in Your Demand Letters, ADR, and Trial
25. Common Problems with Demand Letters
26. Using Statistics in Demand Letters to Demonstrate the Defendant’s Threat to the Community
27. Using Plain English
28. Practical Application of Moral Arguments in a Demand Letter
29. Using Active Voice in Your Demand Letters
30. Cut Out Dumb or Useless Facts in Your Demands, ADR, and Trial
31. Choose Your Words Wisely
32. Using Moral Foundations to Show the Defendant’s Bad Conduct
33. Using Moral Foundations to Show the Plaintiff ’s Good Conduct
34. The Demand May Be an Exhibit in a Future Bad Faith Case
35. Improving Client Outcomes by Using Moral Foundations



The Practical Application of Moral Foundations in Demand Letters

36. How the Use of Moral Foundations Impact the Adjustor and Jurors
37. How Some Lawyers Obtain Larger Verdicts in Conservative Venues
38. Case Study A: Premises Liability
39. Case Study B: Medical Malpractice
40. Case Study C: Product Liability, Wrongful Death, and Psychological Injury

DVD 08 - Handling Cases Efficiently from Intake to Conclusion

1. Introduction
2. Handling Cases More Efficiently Based on the Facts
3. Three Factors that Determine How Quickly You Send the Demand
4. Moving Quickly Can Protect Case Value in Some Cases
5. Common Problems in Cases
6. Case Segmentation Based on Facts
7. Matt’s Case Timeline
8. Getting a Defendant’s Affidavit of Insurance before Settling
9. Q&A



Matt Powell and Aaron DeShaw

10. Handling Preexisting Conditions in the Demand and Trial
11. Using Digital Motion X-ray in Litigation Cases
12. Upright MRI versus Reclining MRIs in Neck Injury Cases
13. Handling Minor Impact Cases
14. Matt’s Secret to Getting Better Settlement Offers
15. Motion Ideas for Minor Impact Cases

Total running time: 12 hours 54 Minutes