15 Questions
In cases of premises liability, what is crucial to prove?
Ownership and control, with no ban on any footwear
What is a confidential strategic tool used to put pressure on the other party in legal disputes?
The 998 offer
What must entities be able to demonstrate regarding safety on their premises?
How they teach employees about accident prevention
What can sometimes provide valuable information that supports the plaintiff's case or contradicts the defendant's claims?
Social media and digital footprints
What should be referenced in communications with the defense?
Legal precedents
What can be used to encourage settlements in California, according to the video?
Comparative Negligence rule
In California, even if the plaintiff is partially at fault, they can still recover damages due to:
Comparative Negligence rule
What strategy involves starting with a higher demand than what is expected to be recovered in negotiations?
Anchoring in Negotiations
What can facilitate more effective negotiations and potentially lead to an amicable settlement?
Building Rapport with Opposing Counsel
What can be utilized to help bridge the gap between plaintiff and defense positions?
Mediation and Settlement Conferences
What is the purpose of serving a 998 with a letter in personal injury cases?
To encourage settlement before a case goes to trial
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
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
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
What action should be avoided when the defense denies liability on a clear liability case?
Delaying the filing of a lawsuit
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.
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.
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