I admit I have not had time to read through all of this yet. After all, it is 150,000 pages. But, here are Allstate's Colossus documents and information from McKinsey. More comments to come after I have summarized it all.
Here is an article that was sent to me that discusses errors in determining impact speed. There are some great pieces of information in here. You should read this and use it in cross examining and deposing expert witnesses.
Thanks to Janabeth Evans Taylor for the article.
I am asked often about whether an attorney should have a select group of doctors to refer cases to or accept cases from. (By the way, if you are an attorney and you want to market your practice differently than everyone else, check out this website from Virginia Attorney Ben Glass. You will stop worrying about getting referrals from doctors.)
I would limit this or avoid it. In the greater Sacramento four county area we have 3 million people or so. We have thousands of chiropractors. Why can’t I do business with most of them? (There are some who I shouldn’t do business with, but those are different reasons.) Sure, I have one or two who are really good who I love to work with. Good notes, good reports, fair bills. Amazingly, the one I am thinking about right now? Never asked her to reduce a bill. Well, I did just ask her to knock 52 cents off a bill, but that was only because it made my math easier. She is great and I think the world of her, but there is a downside…………
Insurance companies now track data like no one’s business. They might put the NSA to shame with the amount of data they collect. Typical scenario: Claimant is struck by a car. A claim is set up with name, date of birth, address. Heck, some claimants, before they get an attorney, will give up a SS#. Now, insurance company can track any prior claims. We all know this happens. But………….
Claimant treats with you. You give your bill to the attorney. At the top of your bill, you list your EIN or some other identifying number. Now, they have a number to plug in for you. Of course, before I can get paid, I have to give up my EIN thanks to the IRS. Now they can track me. So…………..
Next time I send in a letter of representation, they put me into the system and they know which docs I work with. If they see a pattern of me continually representing Dr. X’s patients, they refer the file to SIU. There may be nothing wrong and everything may be on the up and up, but the case is now substantially harder to settle.
That is why I constantly encourage attorneys (and doctors) to have a group of people to refer to. Sure, if someone is involved in an MVA near my favorite doctor and they have no place else to go, I will give out her name. But, in the course of a year, we may only have 6 or 8 cases together. Not a ton. But, it is the best relationship I have. I know that she will be fair, reasonable and give me documentation to settle the case. I also know that she is 100% supportive if I tell her I need to file, serve or even try the case. Complete trust in my ability to practice law. At the same time, she knows she is going to get paid. I will pay her in full before I take a fee. She knows I know what I am doing and will get the client the best possible settlement. It’s a win-win and has nothing to do with volume.
Avoid referrals with one or two or a small group of doctors. The bigger your pool, the easier it is to avoid the SIU trap.
So, not quite MIST related, but if you want to handle MIST cases, you need to know what is going on in the industry. The latest: Allstate has been barred from selling policies in Florida.
Here are three stories about this. One from the Palm Beach Post, and then two from South Florida Sun-Sentinel, including one about how Allstate was surprised by this.
Why do you care? Allstate was really the first insurance company to push the MIST defense. Prudential was at the head of the curve, but they are no longer in business. Allstate, however, really was the first one to set up dedicated units and take a no-pay approach.
What to do with the information? First, it is great marketing. You will be able to explain to clients why it is important now to take Allstate cases. Second, especially for my Florida readers, you may be able to get some decent settlements now without incurring extra costs. Allstate has its hands in a few pots and the claims payments may increase in an effort to avoid further scrutiny. This should apply nationwide, but particulary in Florida.
It is not often that I am going to tell you about other blogs. But there is a new one that I think you should look at. It provides insight into the life of an appellate attorney. And it gives you tips on what to look for regarding appeals in your case.
If you are curious about appeals or preserving issues for appeals, there is an interesting new blog out by Donna Bader, An Appeal to Reason. Her topics include how appellate attorneys fit into the picture, the role of appellate attorneys and why recycling your post trial briefs is a bad idea.
This is a great resource and an interesting look into the role of the appellate attorney. Take a look at it.
The ABA recently published my newest article on MIST cases. This article provides some basic tips on MIST cases. It is not a supplement for reading the book, but it does give you some basic tips. The outline appears below:
10. Read the literature.
9. Talk to the potential client.
8. Learn to use the internet.
7. Take a look at the cars.
6. Get to know the treating doctor.
5. Set reasonable expectations.
4. Get your discovery done timely.
3. Don't waste money.
2. Be aggressive but fair.
1. Try the cases.
Take a look at the article and let me know what you think.
So, you want to settle a MIST case? Now is the time.
People want to settle claims between Thanksgiving and Christmas. Your clients are looking for money to buy presents. Insurance companies want to get claims off of their adjuster's desks and clear the books. Thus, it creates "The Perfect Storm" where claims can be settled.
So, if you have a claim and are trying to get it settled, now may be a good time to make a demand. You may get a bit less, but if you want to get it done, get out a demand letter this week.