Utilize Negotiation Counsel to Get Past “Delay, Deny and Defend”
“Delay, deny and defend.” This is the perception that claimant attorneys convey to their clients regarding insurance companies. Actually, it is frequently the claimant’s attorney who is protracting litigation, either because claimant’s counsel has a high-volume practice and no sense of urgency or because claimant’s counsel wants to maintain client control. Getting past the claimant’s attorney is frequently an impediment to achieving early claim resolution. Conveying the desire to resolve a claim fairly and early, expressing empathy directly to the claimant, can be very beneficial.
In a sizeable number of claims, liability is clearly adverse to the insured. The injuries and damages are well defined or easily determined. Why not resolve these claims earlier rather than later? Approaching a claimant early in the claims process undermines a claimant counsel’s opportunity to demonize the defendant and the insurance carrier. Early claim resolution utilizing negotiation counsel and the empathetic approach minimizes litigation costs and eliminates the uncertainty of litigation.
Rather than delay, deny and defend, try a different approach. With the knowledge, participation, and approval of the stakeholders, retain negotiation counsel to make contact with the claimant or counsel. Make an advance of undisputed benefits. Negotiation counsel can play the role of intermediary between the claimant and insurer. A sincere showing of empathy, done correctly, is an antidote to the animosity that is harbored by a claimant and fostered by claimant’s counsel. Negotiation counsel would work cooperatively with your defense counsel to become sufficiently informed about the case, learn about the opposition, analyze case value, and take venue into consideration.
Bad cases do not get better with time. They only become more expensive to litigate and settle. So, the next time you are faced with a claim with clear adverse liability and easily identifiable injuries, try something different. Consider retaining negotiation counsel to make early contact with the claimant or arrange for an early ADR conference.
About Alexander & Angelas, P.C.
Alexander & Angelas, P.C. represents defendants in civil liability litigation across Michigan and Northern Ohio. The firm’s practice areas include insurance defense litigation, premises liability, motor carrier (trucking) defense, corporate and commercial litigation, construction defect litigation, auto negligence, insurance coverage disputes, emergency casualty response services, alternative dispute resolution, subrogation claims, workers’ compensation, employment law, and liquor liability.
Attorneys practice in all state and federal courts in Michigan, including Wayne County (Detroit), Macomb County (Mount Clemens), Oakland County (Pontiac), Washtenaw County (Ann Arbor), and Genesee County (Flint). Legal services are also provided in Northern Ohio. Since its founding in 1992, the firm has litigated over 4,000 civil cases.
A 24/7 Emergency Hotline is available (800-219-0007) for trucking and insurance company clients. When an accident requires an immediate response to protect evidence, members of the firm quickly launch an investigation with the assistance of well-qualified accident investigators, crash re-constructionists, mechanical engineers, civil evidence photographers, and independent adjusters positioned throughout Michigan and Northern Ohio.
Alexander & Angelas, P.C. measures its performance based upon three key metrics: aging of claims, indemnity expense, and legal defense costs. The firm refuses to over-litigate cases merely to increase legal fees and strives to resolve matters within one year from initial case assignment.
Visit Alexander & Angelas online at https://www.alexanderandangelas.com/ for more information. Partner Peter A. Angelas is available to discuss a confidential matter.
