How Plaintiff’s Attorneys Use CaseMetrix

by | Kim's Blog

When you’re deciding whether to take a particular case, let CaseMetrix take a look at the facts so you & your potential client will have the most objective view possible in determining whether to pursue the case at all. If we see a number of defense verdicts and cases dismissed in summary judgment in slip & fall cases with some of the same liability issues as your cases, you may decide not to take that case. If you’ve already started the case, you can make a better determination as to the amount of time and money you can justify investing in the matter.
When you receive an offer you don’t want to accept
We will show you similar cases settled by that insurer and others, so you will have a clearer idea of how much that insurer and others typically pay when settling cases of this nature, as well as any verdict data to remind them of the level of risk associated with trying such a case.
When your clients think they’re going to retire following their soft tissue settlement
We can give them a reality check on the actual value of their case.  Plaintiff’s attorneys use the database for managing their clients’ expectations on a daily basis.  When a settlement offer is being relayed to a plaintiff, be sure to include some CaseMetrix reports to give them a better perspective.
When the insurer tells you this is their “top dollar offer”
Adjusters say this on a regular basis, not expecting to be challenged with hard evidence.  It is true that adjusters are initially given “x” authority to settle cases and they’re doing their best to resolve a case within that range, but many attorneys have gotten higher offers when using CaseMetrix reports.
When you have cases with DUI’s, Negligent Hire, Negligent Retention, Spoliation, etc.
We can provide cases on point, many of which have settled for policy limits or obtained verdicts well in excess of limits.  Many of these cases have relatively minor injuries and low medical bills and you’ll see that they’re not just in large Metro counties.
When your case has these weaknesses:
  1. Questionable liability
  2. Prior related medical conditions or medical causation concerns
  3. Gap in treatment
  4. Slight property damage
  5. Conservative county
Using CaseMetrix, you have the benefit of utilizing prior data to objectively show how insurers and jurors have assessed these issues.
If you think you’re in a conservative county just because it’s outside a large Metro area
You might be surprised.  Every year, we see huge verdicts in these smaller outlying counties that many 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.
When you have a great case but low limits of liability
We will show you a list of settlements voluntarily paid by the insurers along with any verdicts that are in excess of the available limits of liability in your case.  When used in conjunction with your time-limited demand letters, the CaseMetrix data will clearly demonstrate to the carrier the ultimate risks involved if they do not tender their limits.
Before Mediation
It’s best to forward the data to the insurer or defense attorney at least 1 week prior to mediation so they will show up with adequate authority.  Providing the data during mediation sometimes doesn’t allow an insurer adequate time to re-evaluate a case and adjust reserves.
After a Deposition
The defense attorney will have to report to the insurance company following all depositions.  That’s a great time to share CaseMetrix reports with defense counsel so they can use that in their evaluation.  It’s much easier for a defense attorney to use the reports to advise an insurer on re-setting reserves than to simply ask for more authority.
When your client has stopped treating
It’s a very common scenario for you to send a demand letter & receive an offer you don’t want to accept; however, if your client has stopped treating and you have no new medical records or bills to forward, your case is sitting still.  That’s a good time to send some CaseMetrix reports to get that case back in front of the adjuster.
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