When you submit a settlement brochure, the insurance company is evaluating three things: (1) liability, (2) damages, and (3) your skill as attorney for the plaintiff. How do you put your best foot forward? Respected litigator Ronald V. Miller, Jr. and insurance expert Kevin M. Quinley offer this advice excerpted from their book Insurance Settlements:
Remember, your settlement brochure must follow the “KISS Principle,” meaning “keep it simple, stupid.” Your job is to make the case look simple and to develop a clear theme, like the case of the doctor who wouldn’t listen, or the case of the drunken driver who ran the red light. Draft the narrative portion of your settlement brochure with your theme interwoven throughout, but do not make the case any more complicated than is absolutely necessary. The easier it is to understand, the easier it is to settle.
The following are some items to include in your settlement brochure (keep in mind these are examples, and may not apply in every case):
Ronald V. Miller, Jr., a member of the Million Dollar Advocates Forum, began his career representing pharmaceutical companies. He handled cases around the country for companies such as Bayer and GlaxoSmithKline, as well as for various insurance companies. His practice now focuses on representing plaintiffs injured as the result of motor vehicle accidents, defective products, or medical malpractice. He is also a Professor at the University of Baltimore School of Law, where he teaches insurance law.
Kevin M. Quinley is a leading authority on claims, product liability losses and litigation management. As a senior executive for cutting edge insurance carriers, he has managed claims and litigation throughout the world. He has spoken at corporate functions, training sessions and trade association forums. He is the author of over 600 published articles and ten books on various aspects on insurance, claims, product liability, risk management and litigation. He is also a skilled CPCU and IIA Course Leader, specializing in Commercial Liability, The Legal Environment of Insurance and the CPCU Management courses.