One of the first steps in the litigation process is to properly evaluate the case. A common deficiency in the insurance industry is missing one (or more) of the steps of proper claims evaluation.
Liability. The first question is – Are you responsible for the injury or damages claimed in the first place? Too often, emphasis is placed on the injuries or damages sustained and not on liability. However, if you were not negligent, your product or premises were not defective or dangerous, or you are simply not responsible, it should not matter whether or not the injury claimed is small or large. The evaluation, therefore, must start with the factual intensive investigation – what happened and are you responsible?
Risk Retention Services has a database of over 500 investigators located throughout the country, ready to assist in investigations on a timely basis. The faster an investigation is performed, the better the results. Even after the passage of time, a proper investigation must be performed, for it will tell you the facts (or at least what physical evidence exists and what the witnesses will recall). You will then be able to determine whether or not you are responsible for the damages.
Damages. A proper evaluation of damages is also important to an evaluation of the case and in making a litigation strategy. However, a demand from an attorney is not an evaluation of damages. A review of medical records, appraisals, bills, and jury verdict reports are all a routine part of Risk Retention Services’ damages evaluation.
Jurisdiction. Risk Retention Services also has nationwide experience and familiarity with all major jurisdictions both state and federal. High verdict potential in one location can have a much lower probability just down the road … or on the other coast. In addition to published resources, our experience in these jurisdictions allows us to take into consideration the effect a potential location has on both damages and liability.
Opponent. RRS maintains a database of over 1,200 plaintiff attorneys throughout the country. We know those attorneys who effectively work up a case, and those who are just looking for a quick and easy settlement. In addition, our network of defense attorneys “have the pulse” of the local plaintiffs bar, and assist us in this evaluation.
Only after a case has been properly evaluated can litigation goals be determined and pursued. Risk Retention Services has the personnel, resources, and experience to properly evaluate your lawsuit and guide the case through successful conclusion.
