Auto
What is our standard rate for auto accidents and what retainer do we use?
33.3% - Retainer A
What is our standard rate for slip and falls cases, and what retainer do we use?
40% - Retainer B
What is the process for a NV sign-up, who do we have to call and why?
We need to speak to a NV licensed attorney before the client signs off on documents.
When do we sign left hand turn clients?
When do we sign low property damage claims?
We will sign left-hand turn clients when there is clear citations, dashcam footage, and adv insurance has accepted liability. The priority will always be on signing passengers.
We sign low property damage when we have eggshell clients, serious injury, or adverse damage is extensive.
What 3 things are included in the bodily injury claim?
Medical bills, pain and suffering, and lost wages.
Define the 3 components of LID and why they are important:
Liability - Who is at fault
Insurance- Who we are going after for the BI claim
Damages - Injuries and PD
In what states can we take soft tissue vs serious injuries for slip and falls?
AZ: Serious injuries only
NM, IL, NV, etc. will take soft tissue.
Can we reduce our 33.3 fee? If yes, when? If no, why?
Yes we can reduce to 30% in the following situations:
1.) They qualify for a military discount
2.) They are a previous client
3.) They are an employee of the firm
4.) They are shopping around
We do not lower the fee beyond 30% without prior approval from Kevin and Glen.
Explain what gap in care is and why that is important for qualifying cases
Gaps in care kills cases. If it has been 3-4 weeks since the accident happened and the client has not received treatment, we will turn down.
If they only have one doctors visit, we can work with a gap in care of 3 weeks.
In which states do we offer property damage referrals?
AZ AND NV ONLY
What services does our firm offer to clients who need treatment? What services does our firm offer clients who need help with their car?
Explain one benefit for each
Medical and property damage referrals
What kind of information is important to know for slip or trip and falls?
Scope of injury/treatment recommendations, location or what caused slip/trip, witnesses/ photos/ reports.
What kinds of cases go under review?
Dog bites, slip and falls, premises liability, nursing home, comparative fault claims
What is our fee for nursing home abuse claims?
What is the fee for dog bites?
45%
40%
What is NOC and how does that impact auto accident cases?
NOC : Notice of Claim. This applies to state or federal entities that are at fault.
We cannot take NOC cases in AZ unless injuries are severe. We must place them under review and get an attorneys approval to sign
Scenario
PC is a resident of Yuma, AZ and frequently travels across the border into San Luis, MX. One day, they are hit 5 miles into the border crossing of Mexico and sustain heavy PD and a broken femur. They got surgery in Yuma and will be treating with a Yuma provider.
Are we taking this claim? What info would we like to know to qualify?
We should take a look at the declaration page on their insurance. Some insurance companies cover up to 15 miles into the border, and some border town residents will pay for additional coverage for both countries.
Define Natural Accumulation and why it is important to IL/IN claims:
Natural Accumulation: If an injury is caused by snow, ice, or rain we cannot represent. Midwest weather is more prone to blizzards and long periods of snow/rain. However, if an accumulation of ice is caused by anything unnatural (such as frozen water coming from a pipe) the case can be further evaluated.
PC just moved into in a low income apartment building. The kitchen cabinets collapsed on top of them while they were standing next to the sink. Cabinets came off the wall, and plates hit them on the head. PC did not have the cabinets stocked with anything heavy, and had not touched them at the time of the accident. The landlord agreed that nothing heavy was in them when he showed up right after incident occurred to take photos and make a report. The landlord checked out the cabinets, and stated they were hanging on the wall by screws, not mounted into studs. The landlord had never had prior issues with the cabinets. PC does not have renters insurance.
The landlord had a maintenance crew reinstall the cabinets, hoping they were fixed into studs this time of around. The landlord took pictures of PC's body and the hospital medical records while PC was heavily sedated. PC feels that privacy was violated. The landlord then emailed the pictures to PC's daughter. The landlord also requested a written statement from the caregiver, and PC signed off on it, feeling pressured by the landlord. PC's daughter believes PC was taken advantage of while dizzy and sedated.
-Injuries: Potential TBI and bruised shoulders, intervertebral spine and disk bulging. PC is stressed and scared of going near the cabinets.
Do you think we would this case? If so, who are we going after, and what retainer would be used?
Yes: We are taking this claim against the landlord and the construction crew that installed the cabinets.
Retainer B - 40%
In which state do we sign claimants for workers compensation cases? What is the percentage we charge, and what law firm do we work with?
Name 1 qualifier and 1 disqualifier for WC claims:
Illinios, 20% fee split with Ankin Law Firm.
Qualifiers: The claimant is a W2 employee, was on the clock at time of injury, was injured while performing job-related duties, has reported the incident to employer, has received consistent treatment
Disqualifiers: The claimant was paid cash/under the table, was an independent contractor, was a federal employee, had a significant gap in medical treatment, is pursing after the confines of the SOL
Define PIP
Clue: It makes it hard for us to accept Oregon cases.
Personal Injury Protection - it pays the first portion of the 15k in medical bills. We only get the fees for the remainder not covered by PIP.
Scenario - WA
PC was a passenger and PCs roommate was driving. They went to get something to eat. Right in front of Vamps, there is a concrete median and a turn lane. PC's roommate entered the wrong side, and was facing on-coming traffic. PC then reached over and jerked the steering wheel, since the driver seemed unfazed by the vehicles coming straight at them. PC mentioned they went off road, running over bushes, rocks, and curbs, and hit the median a few times. They never hit another vehicle. It was a single vehicle accident.
PC sustained soft tissue injuries and does not have HI. No UIM. ADV has State Farm.
Comparative fault and with State Farm; we do not take the case.
Scenario
PC gives you a call and states they fell down the steps of their townhome. The carpet on the steps has been falling apart, creating a lip that sticks out right on the spiral portion of the stair. PC's foot got stuck on the step, which sent her tumbling down 10 feet. She broke her hip and will be needing extensive surgery. PC has been renting this townhome for 5 years and has had 2 other falls during this time. She has known about the condition of the steps for the last 2 years, but never reported it to her landlord to get fixed. Are we taking this claim?
No. PC never reported the dangerous condition to her landlord, and had previous knowledge that the carpeting of the steps were falling apart.
Scenario
PC is an employee of Walgreens. She was working at the cash register one late night when the company's outsourced store security approach her while she was distracted and tased her on her back as a joke. The incident was caught on camera, and the guard was fired. This was not the first incident of this guard's misconduct with the security company. PC now has severe nerve damage, and will need months of therapy. PC has already filed a WC claim, but wants to know if there are other PI claims she can pursue against the guard.
Yes, we would take this claim against the security guard company.
Retainer B - 40%
Scenario
PC goes into Dollar General to shop around for candy. He is wearing a backpack and hoodie and lingering around the isles. He is approached by a worker who asks if he needs help, to which he says: "Mind your business". After an hour, a security guard comes to escort him out. PC gets very upset. The security guard has to physically pull him out of the store, and punches PC. PC claims he never fought back but the security guard hit him on the side of his head with a brick, causing a facial fracture requiring surgery. PC claims there is video footage, and that he called the police to report the incident. Do we take this case, and if so what retainer and fee is used?
Put Under Review, but most likely yes because PC did not fight back and has the store footage of the incident occurring.
Retainer B - 40%
Explain the pros and cons of treating under health insurance vs a medical lien provider.
Health insurance: pay pennies on the dollar for medical treatment received, and in the off chance we drop the claim, PC wont owe outrageous out of pocket medical costs. But claimant may pay high out of pocket co pays.
Med Lien: no upfront costs or copays, and provider specializes in auto injuries. Various locations, and they work with us to lower cost of care. If dropped from our firm however, they may be on the hook for some med bills.