Plan of Attack when Defense Adjusters Denies Liability

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Questions and Answers

In cases of premises liability, what is crucial to prove?

The presence of warning signs for potential hazards

Ownership and control, with no ban on any footwear (correct)

Strict visitor access control measures

Regular maintenance and upkeep of the premises

What is a confidential strategic tool used to put pressure on the other party in legal disputes?

Mediation and arbitration

Leveraging social media

Pre-litigation investigation

The 998 offer (correct)

What must entities be able to demonstrate regarding safety on their premises?

Their emergency response protocols

How they teach employees about accident prevention (correct)

Their compliance with all safety regulations

Their investment in advanced security systems

What can sometimes provide valuable information that supports the plaintiff's case or contradicts the defendant's claims?

Social media and digital footprints (A) Signup and view all the answers

What should be referenced in communications with the defense?

Legal precedents (A) Signup and view all the answers

What can be used to encourage settlements in California, according to the video?

Comparative Negligence rule (B) Signup and view all the answers

In California, even if the plaintiff is partially at fault, they can still recover damages due to:

Comparative Negligence rule (A) Signup and view all the answers

What strategy involves starting with a higher demand than what is expected to be recovered in negotiations?

Anchoring in Negotiations (C) Signup and view all the answers

What can facilitate more effective negotiations and potentially lead to an amicable settlement?

Building Rapport with Opposing Counsel (B) Signup and view all the answers

What can be utilized to help bridge the gap between plaintiff and defense positions?

Mediation and Settlement Conferences (C) Signup and view all the answers

What is the purpose of serving a 998 with a letter in personal injury cases?

To encourage settlement before a case goes to trial (D) Signup and view all the answers

What action should be taken immediately after receiving a denial letter from the defendant insurance company in a clear liability case?

Draft and file the lawsuit to obtain a trial date as soon as possible (A) Signup and view all the answers

What is the significance of serving a 998 with a letter in California personal injury cases?

It is a legal strategy to encourage settlement before trial (D) Signup and view all the answers

Why is it necessary to collect information such as TCR, photos, video footage, and medical records/bills in the pre-litigation phase of a clear liability case?

To strengthen the case and support the demand sent to the defendant insurance company (D) Signup and view all the answers

What action should be avoided when the defense denies liability on a clear liability case?

Delaying the filing of a lawsuit (D) Signup and view all the answers

Study Notes

The 998 offer is a confidential strategic tool used to put pressure on the other party to settle in legal disputes.
Rejecting the offer could result in additional costs if the trial outcome is not favorable for either side.
In cases of premises liability, it's crucial to prove ownership and control, with no ban on any footwear.
Safety is the top priority for any premises, so entities must be able to demonstrate how they teach employees about accident prevention.
For TBI cases and other personal injury claims where liability is denied, use intensive discovery for evidence, expert witnesses, public records, technology, mediation, and effective public relations.
Pre-litigation investigation can be critical, including interviews, surveillance footage, and police reports.
Social media and digital footprints can sometimes provide valuable information that supports the plaintiff's case or contradicts the defendant's claims.
Both economic (medical bills, lost wages) and non-economic damages (pain, suffering, emotional distress) must be clearly articulated.
Legal precedents should be referenced in communications with the defense.
Advanced litigation techniques may include a thorough pre-litigation investigation, leveraging social media, focusing on damages, and referencing legal precedents.

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Description

Learn about the plan of attack when the defense denies liability in a personal injury case. Understand the necessary steps to take during the pre-litigation phase, including collecting information and dealing with denial letters from defendant insurance companies.