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Settling Motor Vehicle Cases

How to Obtain Higher Settlement Offers

Very few plaintiff lawyers go to trial. According to the Insurance Research Council, only 2% of all auto claims get filed nationally, and only 1% of that 2% filed ever go to trial. It is even lower in some locations.

The high settlement rate is a problem, and it impacts your settlement values and those of nearly every lawyer nationwide who is handling auto cases. The latest statistics from the US Department of Justice suggest that the number of tort claims filed in state courts has fallen 80% since 1992 and that the value of claims has fallen by approximately 60% (adjusted for inflation) during the same time. It isn’t your imagination – settlement offers are decreasing.

But we recognize that, despite this, a lot of lawyers will keep settling all of their auto cases. Trial Guides started with a book on the Colossus bodily injury software system that provides settlement values for most auto insurers. While we have since developed an entire library dedicated to how to win in trial, we thought we should provide settlement lawyers resources for how to increase settlement values in their auto claims.


Top 6 Resources for Lawyers Settling Motor Vehicle Cases

The list below focuses on specific skills, knowledge and methods that will help you improve your settlement offers. To see all products sold by Trial Guides that relate to settling motor vehicle cases, please click the button at the bottom of the page.

Recommended Resources

Mastering Motor Vehicle Cases - Trial Guides

Mastering Motor Vehicle Cases

This DVD set contains highlights from the first advanced Trial Guides CLE seminar dedicated to motor vehicle cases. It features epidemiologist/crash reconstructionist Dr. Arthur Croft, researcher Dr. Paul Ivancic, and trial lawyer Dr. Aaron DeShaw. In addition to handling a wide variety of issues related to injury causation, accident reconstruction, and typical defenses related to all types of auto cases, the set also addresses challenges specific to minor impact cases. It provides an advanced and in-depth consideration of motor vehicle cases that will take you from the fundamentals of insurance claims settlement and through more advanced topics. This set will give you the information necessary to get your clients fair compensation for their losses and overcome the defe...

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Preparing for a Defense Medical Exam - Trial Guides

Preparing for a Defense Medical Exam

It's time to see the doctor. But this one is not a friendly treating doctor. This one was hired by the insurance company or a defense lawyer to either terminate your client's care or say that he wasn't really injured. This doctor is not on your side. This video teaches your injured clients about the tricks played by defense doctors in their efforts to call into question your clients' honesty, prevent them from obtaining the treatment they need, and destroy their insurance claim. This instructional video is hosted by Karen Koehler (Litigating Minor Impact Soft Tissue Cases), one of the United States' leading trial lawyers. She will provide clear and simple instructions for your clients about the defense medical examination process and teach them how to avoid the...

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AMA Guides to the Evaluation of Permanent Impairment

Fifth Edition

Yes, this is a medical text. But if you settle cases, you should know this book intimately. Why?  Because at most auto insurers, an AMA impairment rating is the second largest driver of settlement value, only behind the injury diagnoses themselves. So, for any injury your client experiences, you should know whether it qualifies as a permanent impairment, and if so, the right doctor you can refer to for an AMA permanent impairment rating. Don’t bother with the 6th Edition, it’s controversial, its validity is disputed, the majority of doctors don’t use it, and as a result, it shouldn’t be admissible. For this reason, insurers and their bodily injury software programs continue to use the widely accepted 5th Edition. And, no, it isn’t just for workers compensation cases - something adjustors and defense lawyers will often misrepresent. See the upcoming Demand Letters DVD for more about how and why you should be getting permanent impairment ratings on those clients that have a legitimate impairment claim when you plan to settle the case.



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Running with the Bulls: How to Win Top Dollar Settlements - Trial Guides

Running with the Bulls: How to Win Top Dollar Settlements

In Running with the Bulls: How to Win Top-Dollar Settlements, Nick Rowley and Courtney Rowley argue that the point of settlement is to get your clients a just and fair amount. But how do you ensure that you’re obtaining the full amount of civil justice for the people who entrust you with their cases? Running with the Bulls walks you through proven methods for negotiating just settlements for your clients. Along the way, it covers a range of topics, including how to evaluate noneconomic damages, a step-by-step guide for constructing and sending effective demand letters, how to write a demand letter that will open the defendant’s insurance policy, how to help an injury victim when the policy limits are low, and many other valuable insights and powerful negotiat...

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