Maximizing Settlement Values and Demand Letters

• Spending time with your clients to gain all the necessary information you need to go to trial
• Supplying that information in a way that’s going to be useful for the adjuster

DeShaw discusses how you should organize the information in the demand letter based on the order in which the adjuster is going to input it into the software. He also advises against using heavily narrative demand letters in these certain types of cases, arguing that you should avoid comprehensive information and only include the necessary facts the insurance software will receive.  DeShaw references different types of demand letters and brings up additional resources for interested listeners.

DeShaw also points out the importance of being credible, how it will increase your settlement values, and offers proven solutions for increasing your credibility in the eyes of the insurance company.

After the interview portion, DeShaw takes on questions from listeners:

• Is it helpful to include a detailed medical summary in the demand letter?
• Can demand letters work with companies like Allstate who only offer small settlements?
• Advice for someone who was brought into the case after the initial demand
• If you settle after some litigation, will your offers from insurance companies increase?
• To what extent do substantial recoveries at mediation count?
• Do insurance companies that use software programs stick to the evaluations number?
• Is there any truth to the argument that the more claim you put in your demand letter, the harder adjusters will fight back?
• Does verdict research and reporting service information on similar cases in your jurisdiction have any effect on what adjusters end up doing?
• How much information should you include in a demand letter?
• Are demand letters an effective tool once a case has been filed?
• Do you file a suit as soon as you see there’s an injury with objective medical evidence?
• Does filing suits after getting low settlement offers as a means to get an increased offer affect credibility with insurance companies?
• While your clients are actively being treated, how often do you update the adjusters?

Dr. DeShaw emphasizes the importance of going to trial in order to better your credibility and your client’s outcome. He argues that you are essentially leaving money on the table if you choose not to go to trial. Understanding specifically what insurance companies are looking for and presenting it to adjusters in an organized, honest, and ethical way will maximize your claim value.  

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*This interview was originally offered to customers as part of our Trial Guides LIVE Fireside Chat series. The content has been remastered and edited for brevity and clarity.