How Defense Attorneys
I was an insurance defense paralegal for most of my 27 years working in law firms. My least favorite part of the job was ghostwriting those 30, 60 and 90-day reports telling insurers what I thought a jury would say in 3 years if we tried the case, when we had barely entered discovery. CaseMetrix can give you data in addition to your own experience to advise your client on the value of cases, and we can conduct updated research when new information develops.
So, why do you need it and when do you use it?
A lot of attorneys say, “I’ve been doing this 30 years and I know what my cases are worth.” What you really know is how much you’ve been paying to settle cases and what your verdicts have been, as well as front page news. Cases that make front page news are there for a reason: they’re not typical cases.
No defense attorney likes to make the call of shame during mediation to ask for additional authority. Our defense attorneys tell us they need to put the CaseMetrix reports in the hands of their insurance client a week or two prior to mediation so you can show up with adequate authority to resolve the case.
When you feel you need additional authority, let us provide some of those shockingly high verdicts to remind the insurer of the level of risk associated with going to trial. You can present our data advising them you’re looking out for their interest and let them know this is an area where they need to increase reserves. What you’re really doing is asking for more authority. If you don’t use it all, then you’ve postured yourself well to earn more business from your client. Remember, they keep statistics on both your performance and the overall performance of your firm, relative to other firms with whom they do business.
After a Deposition
When you have taken an effective depo of a plaintiff and established multiple areas of inconsistencies between the discovery responses, evidence and testimony, that’s a good time to send some of our defense verdicts to plaintiff’s counsel with a reasonable but discounted offer so he can manage his own client’s expectations. Timing is everything in this business. If your defendant is in great shape & you’ve got a plaintiff with inconsistent testimony, prior related injuries that weren’t revealed, questionable liability, slight property damage, a sound causation defense and gaps in treatment, let us send you some defense verdicts to accompany your low offer.
When Your Case is Terrible
When you’re defending a DUI defendant or you have a case involving issues such as negligent hire, negligent retention, spoliation and a defendant who would be a bad witness on his own behalf, tell us about it and we’ll give you documentation to show what happens at trial, as well as settlement numbers. Some cases shouldn’t be tried.
If you have an apartment rape case with a negligent security component and your insurance client has only given you $500k in authority on a $1M policy, we can provide every apartment rape case with a verdict greater than $1M to justify securing that authority.
If you think you’re in a conservative county just because it’s outside of a large Metro area
You might be surprised. Every year, we see huge verdicts in these smaller outlying counties that most insurers assume are conservative. With the right case, large verdicts can happen anywhere. Part of your job is to assess that venue and we can do that with 2 clicks of a mouse.
Time Limited Demands
If you feel plaintiff’s counsel potentially has a sound bad faith case, don’t just rely on your own experience. Let us look into the database for a more objective determination as to whether this is potentially a limits case, or if the exposure is potentially far in excess of your available limits. Maybe it’s not. We have cases in the database in which insurers have paid well in excess of their available limits of liability.