Demand Letters

For Auto, Trucking, Premises, Med Mal and Other Cases

Aaron DeShaw, Matt Powell, Morgan Adams, Sean Gamble, Charlette Sinclair & Tyler Komarnycky

Plaintiff Lawyer Only Material

Must Sign Plaintiff Lawyer Restricted Content Agreement Before Purchasing

  • Description
  • Details
  • Table of Contents

Since settlements dominate nearly every personal injury practice, your ability to write an effective demand letter is vital.

In this video, Aaron DeShaw (author of the only legal text on insurance bodily injury software) and Charlette Sinclair (the nation’s leading consultant on demand letter writing) provide you a formula, reverse engineered from the insurance industry’s software for auto, premises, and workers’ compensation cases, for optimizing your demand letters. They provide numerous important insights, including:

  • The number one reason that you may be getting low offers
  • The top five value drivers in a demand letter
  • The importance of ensuring that your clients’ doctors diagnose all of their injuries
  • Information about how special client forms will trigger additional hidden value in your cases
  • How your failure to obtain a permanent impairment rating can reduce offers
  • How to negotiate for higher settlements
  • And much more

In addition, you get the following:

  • Leading trucking lawyer Morgan Adams provides inside tips for how to write demand letters for trucking cases. This includes information on how to find the insurance for the tractor and trailer, how to trigger multiple layers of insurance coverage, how to work up cases to ensure that you have qualified experts, and how trucking cases differ from auto cases.
  • Sean Gamble, the lawyer that Rick Friedman calls “the greatest demand writer” he knows, talks about decision science and how you can use compelling frames and language in your demand letters and trial.
  • Matt Powell discusses how to set up your practice to differentiate the way you handle cases based upon liability, insurance coverage, and damages; and he provides a framework and timeline for handling cases more efficiently.

As a bonus, Aaron DeShaw and Matt Powell address important issues many personal injury lawyers face:

  • How to effectively handle preexisting conditions in your demand letters and trials
  • How to use advanced imaging to objectively prove important spinal injuries that often get missed
  • How to handle "minor impact” auto cases

If you are a personal injury lawyer that settles the majority of your cases, this critical information will substantially improve your practice.

Additional Information

Publisher Trial Guides, LLC
DVD 774 minutes; 8 discs; First Edition (2018); ISBN: 9781941007808

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
  13. Writing Demand Letters (Continued)
  14. Writing Demand Letters for State Farm’s TEACH Program
  15. Writing a Demand Letter
  16. Creating Medical Timelines for Writing Demand Letters
  17. 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
  36. The Practical Application of Moral Foundations in Demand Letters
  37. How the Use of Moral Foundations Impact the Adjustor and Jurors
  38. How Some Lawyers Obtain Larger Verdicts in Conservative Venues
  39. Case Study A: Premises Liability
  40. Case Study B: Medical Malpractice
  41. 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
  10. Matt Powell and Aaron DeShaw
  11. Handling Preexisting Conditions in the Demand and Trial
  12. Using Digital Motion X-ray in Litigation Cases
  13. Upright MRI versus Reclining MRIs in Neck Injury Cases
  14. Handling Minor Impact Cases
  15. Matt’s Secret to Getting Better Settlement Offers
  16. Motion Ideas for Minor Impact Cases

Total running time: 12 hours 54 Minutes

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