Demand Letters

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

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

Demand Letters

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

Aaron DeShaw, Matt Powell, Morgan Adams, Sean Gamble, Charlette Sinclair & Tyler Komarnycky
$695.00

Plaintiff-only product

Thank you for your interest in a plaintiffs-only product

 Part of what makes our materials so unique is that many of them are not available to attorneys who do any type of civil defense work, so the training you’re about to purchase is solely available to civil plaintiff and criminal defense attorneys. This product is also not available to the general public.

 As such, prior to purchase we require all customers to enter into a Binding Agreement with Trial Guides that both ensures that this training reaches its intended audience and also protects us from an intellectual property and distribution (sharing) standpoint.

 Please Click Here to Download the Agreement and return it  to us signed in one of the following ways:

 Fax: 503-206-6438

Email: sales@trialguides.com

 A member of our staff will approve your affidavit and process your order. If you would like an expedited shipping option please contact us directly so we can make sure your order is fulfilled in a timely manner. Phone: 800-309-6845. Products cannot and will not be shipped until we receive your completed form.

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.

*Please note: This video set includes highlights from an exclusive $1,200 live event for lawyers. Certain exclusive content has not been included to preserve the value of attending the live event. Similarly, this set does not include the extensive written materials from the conference. Visit our Seminars & CLE page to find the next comprehensive Trial Guides seminar where you will learn even more.

  • Authors

  • Details

    DVD: 774 minutes; 8 discs; First edition (2018); ISBN: 978-1941007808
    Publisher: Trial Guides, LLC
  • Table of Contents

    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

Plaintiff-only product

Thank you for your interest in a plaintiffs-only product

 Part of what makes our materials so unique is that many of them are not available to attorneys who do any type of civil defense work, so the training you’re about to purchase is solely available to civil plaintiff and criminal defense attorneys. This product is also not available to the general public.

 As such, prior to purchase we require all customers to enter into a Binding Agreement with Trial Guides that both ensures that this training reaches its intended audience and also protects us from an intellectual property and distribution (sharing) standpoint.

 Please Click Here to Download the Agreement and return it  to us signed in one of the following ways:

 Fax: 503-206-6438

Email: sales@trialguides.com

 A member of our staff will approve your affidavit and process your order. If you would like an expedited shipping option please contact us directly so we can make sure your order is fulfilled in a timely manner. Phone: 800-309-6845. Products cannot and will not be shipped until we receive your completed form.

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.

*Please note: This video set includes highlights from an exclusive $1,200 live event for lawyers. Certain exclusive content has not been included to preserve the value of attending the live event. Similarly, this set does not include the extensive written materials from the conference. Visit our Seminars & CLE page to find the next comprehensive Trial Guides seminar where you will learn even more.

Customer Reviews

Reviews

Recommendations

Colossus: Lawyer Forms
Colossus: Lawyer Forms CD/Forms $125.00
Mastering Motor Vehicle Cases
Mastering Motor Vehicle Cases DVD/ CD From $385.00
Traumatic Injuries
Traumatic Injuries DVD $135.00
Whiplash and Mild Traumatic Brain Injuries
Whiplash and Mild Traumatic Brain Injuries A Guide for Patients and Practitioners Hardcover $125.00