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Page 3

and client have been firmly established.
    Once you are completely familiar with all the facts of the case and your client's injuries have been defined, you will be ready to negotiate a settlement. At that time you must get your client's authority to settle for the value you place on his case. Meet with your client in person to get his authority to demand this amount in settlement. This exercise will have the added benefit of forcing you to articulate the reasons for your evaluation. It will crystallize your thoughts and you may well be rewarded with new insights into the case.
Working with the Claims Ajuster
    Because most cases are settled without suit being filed, you will usually be dealing with an insurance company claims adjuster rather than an opposing attorney. Generally speaking, the more experienced adjusters will be assigned to the larger cases. Negotiations with the claims adjuster may well continue after suit has been filed, even though a defense attorney has entered the case. Protocol requires that you get permission from the defense counsel to deal directly with the adjuster.

   Insurance companies are not charities. It is their business to earn a profit. They do so by collecting premiums and denying claims. Because a claim cannot be paid at the time of the accident that leads to it, an amount called a reserve, representing what the company expects to pay on that claim at a later date, must be set aside when the claim is first made.
   The estimated value of the claim is based on information gathered by the insurance adjuster. The reserve is an accounting device - a bookkeeping entry - but once established it is hard to change. Therefore, you want to work hard to have the reserve set as high as possible. As will be discussed later, you may help the adjuster do exactly that in a number of ways.
   Insurance claims adjusters are entitled to the same respect and courtesy you would expect them to give you. All too often, plaintiffs' lawyers behave as though all wisdom regarding cases resides only with them. When a claims adjuster disagrees, some lawyers become argumentative, even abusive. Adjusters have different personalities and values, and the worth they place on your case will be affected by their attitudes. Why offend them? Keep your ego out of the case. Adjusters must justify the amount of any settlement to their superiors.


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