RI Car Accident Lawyer David Slepkow sets forth the basic settlement negotiation tenets that he uses to get his clients top dollar accident settlements. These tactics are used by Rhode Island Personal Injury Lawyer David Slepkow in all types of Personal Injury cases including Slip and Fall, Premises Liability, Auto Accidents and Motorcycle Accidents.
1. Its all about detailed preparation for the negotiations and documentation of the claim. It is crucial that the Insurance adjuster is provided all documentation in an organized and simple manner that is in chronological order. It is of utmost importance that a demand package is sent with a detailed settlement demand letter with supporting medical records, police report and other pertinent information.
2. Always demand substantially more than you feel the Personal Injury Claim is worth. The accident attorney can always negotiate down but it is virtually impossible to go up (unless something substantially changes)
3. Prior to the settlement it is important that all pertinent statutes and case law that supports the client’s case is reviewed and is readily available to provide to the adjuster.
4. Towards the end of the negotiation, always make sure the adjuster is aware of the real dollars that the client will receive after medical bills, liens and attorneys fees are paid.
5. Before the negotiation get a second or third opinion from other experienced personal Injury Attorneys. It is always a good idea to bounce off ideas from people you trust.
6. Always be professional and civil to the adjuster but always be firm and never get personal with the adjuster if you disagree.
7. Don’t be afraid to admit weaknesses in your case but be prepared to explain them and quickly move onto other more important issues.
8. Never forget to demand interest on the settlement and always remember anticipated and future medical expenses as a result of the accident.
9. Do not lose credibility in the negotiations. If you say that this is your final demand, make it is your final demand! Never say this is your final demand and then continue to negotiate lower.
10. If the Insurance Adjuster is unwilling to compensate your client fairly tell him that if you don’t receive x amount then you will file a lawsuit and then file the Personal Injury Law Suit immediately. I have seen many times that when you file, the adjuster offers more money or you get a call from a different adjuster attempting to settle the case.
11. Always personalize your client. The Insurance adjuster needs to understand that your client isn’t a number and this is a real person with real pain and suffering. Always explain how the injury affected the person’s work life and personal life
12. Make the adjuster work hard. If you settle the case too quickly it means that you probably didn’t push the adjuster hard enough to get the best car accident settlement.
13. When the adjuster makes a settlement offer never make a counteroffer too quickly. It will appear that a client is desperate and that the adjuster is in control.
14. If the adjuster is being unreasonable and low balling the injured person then reject the demand without a counterproposal and wait to see if you get another phone call. If too much time goes bye, either call the adjuster with a quip like “Are you ready to talk real numbers now?’ or file a lawsuit in Court.
15. Make sure the adjuster understands that this isn’t a auction in which you and the adjuster are just throwing around numbers. If you lower your demand make sure that there is a rational explanation for lowering your demand. This is a serious negotiation not a ping pong game! Never just say “ill meet you half way.” Negotiations is premised on bartering information and if you “split” the difference then you lose credibility because it appears that there is no real basis for the claim in the first place. This is a real person with real pain and real medical bills who has been negatively affected by the accident. “Splitting the difference” sends a message that the clients pain and suffering is not real and that this is some kind of a game.
This has been a legal discussion initiated and authored by Rhode Island Auto attorney David Slepkow, Esq., of Slepkow Slepkow & Associates, Inc. at 401-437-1100. He is a Rhode Island Lawyer who helps accident victims in Rhode Island and Massachusetts as a Nationally Published Attorney who is honored to be a member of the United States Supreme Court Bar. If you are ever in Rhode Island or Massachusetts and are injured call him!
April 25, 2012 – According to reports a teen that was pushing a disabled car was struck and killed on Tuesday night. According to Anaheim Police Department Sgt. Bob Dunn the accident occurred at approximately 8:15 p.m. in the 2800 block of West Cerritos Avenue in the vicinity of Magnolia Avenue.
Sgt. Dunn said the teen that died has been identified as Juan Daniel Barboza age 17, a Magnolia High School student. Barboza was helping his 35 year old cousin push a Honda Civic in the westbound No. 2 lane of West Cerritos Avenue. The teen’s mother was steering the vehicle that was being pushed out of the way for “street sweeping day,” according to authorities.
According to Sgt. Dunn a Honda Ridgeline struck the Civic and the teen from behind, the cousin identified as Jose Luis Barboza had time to jump out of the way. The 35 year old stated he saw headlights and saw the car was not stopping and dove out of the way, but did not have time to warn his 17 year old cousin.
Juan Daniel Barboza was transported to UCI Medical Center where he was later pronounced dead, his sister Estela Barboza said.
The impact of the crash injured the teen’s mother identified as Araceli Pedraza, who suffered head injuries, knee injuries and bruises on her back. The woman was transported to the hospital and released a few hours later.
According to the 17 year olds cousin, after the teen was struck he could not move and the only thing he said was, “Mom. Sgt. Dunn said the driver of the Honda pickup remained at the scene of the crash and was not arrested or cited. The driver was cooperative with investigators, Sgt. Dunn said.
Anaheim police said it is unclear if speed or alcohol was a factor in the crash that remains under investigation.
April 23, 2012 – According to reports a driver was killed in a solo vehicle accident in the northbound lanes of the 133 Freeway in Irvine. According to the California Highway Patrol the solo vehicle accident was reported at approximately 3:30 a.m. Monday. The accident occurred in the northbound lanes of the 133 in the vicinity north of the 73 Freeway.
California Highway Patrol officials said that the man was driving a Chrysler PT Cruiser and failed to negotiate a curve in the roadway. The PT Cruiser left the roadway and rolled over several times, CHP officials said. They said it is unclear if speed played a role in the crash.
According to the California Highway Patrol the man was identified as a 22 year old man from San Jose. His name has not been released, pending notification of his next of kin. Ehline Law Firm PC is a Los Angeles personal injury attorney firm in Los Angeles who writes and discusses legal theories of recovery, and defenses. If you would like to learn more about serious injury claims, contact them at 633 W 5th St. #2890 Los Angeles, CA 90071-2005. 213.596.9642.
April 9, 2012 – According to reports a five car chain reaction crash injured one driver, sending them to the hospital. According to the California Highway Patrol the five car chain reaction crash occurred at approximately 7:00 a.m. in the eastbound lanes of the 22 Freeway. The crash occurred in the vicinity east of Haster Street in Garden Grove.
California Highway Patrol Officer Bill Rees said the crash involved a Jeep Cherokee, a Toyota Yaris, a Toyota Sienna, a Hyundai Santa Fe and a Honda Element. Officer Rees said the chain reaction crash occurred in the No. 2 and 3 eastbound lanes of the 22 Freeway.
A female driver of the Hyundai Santa Fe was injured in the crash and treated at the scene, she was later transported to an area hospital, CHP Officer Rees said. The officer said the woman was the only reported injuries in the five car collision.
According to the California Highway Patrol the No. 2 and 3 lanes were cleared by approximately 7:30 a.m.
http://images.onset.freedom.com/ocregister/article/m21ecc-b78938324z.120120405194203000g0816pda0.2.jpg
April 6, 2012 – According to reports a woman wants the city of San Juan Capistrano to pay a ticket for running a red light, in a claim filed with the city.
According to the claim filed Jaimie Davis of Silverado wants the city of San Juan Capistrano to pay for a $533 ticket for running a red light. Davis says that she was crossing Del Obispo and Camino Capistrano, on February 9th, when she was distracted by a banner that caused her to run the red light.
The banner that Davis said caused her to run the light is a part of a series of city announcements of local events, including Fiesta De Las Golodrinas, a Taste of San Juan and Community Center classes. Davis’ claim was denied at a Tuesday night City Council meeting, without discussion. According to the City Council, city governments routinely deny these types of claims.
April 6, 2012 – According to reports a motorcyclist was killed in a San Fernando Valley crash. According to authorities the accident occurred at approximately 4:50 a.m. when a driver was making a left hand turn from Glenoaks Boulevard onto Peoria Street, in the San Fernando Valley area, on Thursday.
According to police Officer Doug Larkin, the driver of a 1196 Mitsubishi making the left hand turn, struck the 2002 Yamaha Warrior that was traveling northbound on Glenoaks Boulevard. Officer Larkin said the motorcyclist is believed to have been traveling over the speed limit at the time of the crash.
Officer Larkin said the motorcyclist that was identified as a 51 year old David Arthur Stover, from Fullerton, who was killed. According to the Los Angeles Police Department, Stover was transported to Holy Cross Hospital where he was pronounced dead.
Officer Larkin said there was no evidence of driving under the influence and there were no arrests made in the crash. This has been a public service message from the motorcycle accidents injuries attorney at Ehline Law Firm PC 213.596.9642.
April 5, 2012 – According to reports a woman was arrested in Torrance for allegedly holding a baby and texting, while driving.
According to Torrance Police Department Lt. Steve D’Anjou, the incident occurred in the northbound lanes of the 405 Freeway on Tuesday.
Lt. D’Anjou said that another driver spotted the woman driving, while holding a baby and texting and reported the driver, identified as Shawndeeia Bowen age 29.
Bowen, a mother of 3 was pulled over by Torrance police officers at Hawthorne Boulevard and Torrance Boulevard. Officers said Bowen still had the baby on her lap and cell phone in her hand, when she was pulled over.
According to Bowen she was attempting to calm the one year old baby, who she said was crying. Officers at the scene said that Bowen had a 2 year old boy that was in an unsecured car seat and a 4 year old girl that did not have a seatbelt on.
Lt. D’Anjou said that he had never heard of anything like this and Bowen was arrested on suspicion of child endangerment and is being held in lieu of $130,000 bail.
The children were taken into custody by the Department of Children and Family Services, Lt. D’Anjou said. Bowen, according to reports has other citations, including driving without insurance, driving without a valid driver’s license, not using child restraints, not obeying traffic signals, driving with a missing license plate, driving with a defective windshield or rear window. She has also been involved in two car accidents and failed to appeared in court nine times.
April 4, 2012 – According to reports traffic fatalities in California reached the lowest rate, since 1944 during 2010. According to the California Department of Transportation during 2010 there were 2,715 people that were fatally injured, which were the lowest amount of traffic deaths, since 1944 in California.
According to Caltrans, using statistics from the National Highway Traffic Administration, during 1987 traffic fatalities peaked at 5,504. California Department of Transportation spokesman Malcolm Dougherty said they are committed to saving lives on the highways of California.
Caltrans had awarded $66 million in 2011, to cities, counties and regional agencies for “Safe Routes to School” projects and had funded 84 projects in October 2010 for $24 million. State and Federal programs have awarded over $420 million for approximately 1,200 projects. Traffic accident statistics have not been released yet for 2011, by the National Highway Traffic Safety Administration.
April 2, 2012 – According to reports a woman was found critically injured and authorities suspect she was a hit and run victim. According to Anaheim Police Department Sgt. Bob Dunn, police were alerted at approximately 5:50 a.m. that a woman was lying in the street on the eastbound side of Stanton Avenue. The woman was found in the vicinity north of Beach Boulevard in Anaheim.
Sgt. Dunn said that the woman was found by police officers lying in the street, suffering from traumatic injuries. The woman has been identified as being between 45 to 50 years old, Anaheim Police said. According to Orange County Fire Authority Capt. Marc Stone, the woman was transported to UCI Medical Center in Orange.
Capt. Stone said the woman is listed in critical condition. According to Sgt. Dunn the woman’s injuries are consistent with a hit and run accident and a review of surveillance video from the area, shows several cars slowing down where the woman was found at approximately 5:50 a.m.
Anaheim police believe based on the video that this may be when the hit and run accident occurred. The Anaheim Police Department is asking any witnesses that saw how the was woman injured to come forward.
March 29, 2012 – According reports the Tustin City Council has denied a woman’s claim after being injured in a sidewalk trip and fall accident.
According to the claim, Pearl Shiffman claims that she suffered injuries after tripping on the raised edge of a sidewalk in the 17600 block of Norwood Park Place in Tustin.
Shiffman suffered a fractured elbow, sprained wrist, she also injured her right knee and back, in the trip and fall accident. According to Shiffman’s attorney Brian Easton, the sidewalks in the area need to be fixed and residents should report sidewalks that are cracked to the city of Tustin.
According to Lisa Woolery, Tustin spokeswoman, the matter cannot be commented on, other than to say that it was denied, since it was discussed in a closed session. Shiffman and her attorney were seeking over $25,000 in the unlimited civil case, for the injuries she suffered in the trip accident.
Print for later