How Defense Attorneys Shoud Handle A Preliminary Evaluation When Reaching A Settlement

Defense attorneys are likely to encounter a preliminary evaluation offer when settling a case that is almost certain to be won by their client. Preliminary evaluations are offered by the other party when it is clear that their client is responsible for paying restitution. The amount of restitution in a preliminary evaluation is in question and must be bargained for. This could lead to problems for the defense attorney when they want to want to settle a case for a certain amount.

To better visualize and understand a preliminary evaluation tactic that is employed the other party consider the following example. An attorney calculates a case he is working on to settle for around $100,000. An offer is made to settle for $150,000 with the hope that the return offer will be around $100,000. Instead of coming up with a firm offer, the claims department states they can make an offer anywhere from $85,000-$125,000 for the settlement. To avoid getting an offer in the lower range of the estimated settlement, an attorney should state that they will only accept concrete offers that have a set number instead of an estimate. This will offer the defense attorney greater leverage and prevent the other party from saying you agreed to our preliminary evaluation. They can then offer the low range of their evaluation and essentially get away with paying less than what the case is worth. Being firm and only accepting real offers is the key to handling preliminary evaluation tactics when negotiating a settlement.

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Evidence of a Slip and Fall – Storage of Clothing and Debris

If a slip and fall occurred due to a liquid or other debris on the floor in your case, it’s possible that, upon inspection, your clothes may disclose what said substance is and what the source of the hazard was. However, this evidence will be lost if the clothes related to the incident are washed or thrown out.

In a supermarket, slip and falls on produce and other foreign materials are common. On the other hand, it is uncommon for the injured party to hold on to the material that caused the slip and fall. It is possible, but difficult, to analyze dried vegetable material and identify what the debris is via chemical or microscopic examination. This can be important evidence if it leads to the source of the hazard. If you don’t have the material that cause the accident, your injury lawyer should ask you to describe the material. A detailed description of the material may be helpful in identifying the status of the floor and how bad the hazard was. Try to provide specific descriptions and use words such as “greasy,” or “shiny” to help with the case.

You and your injury attorney should try and preserve physical evidence.

How to properly store evidence
Your injury attorney should take possession of any physical evidence during your initial interview. This includes the shoes worn at the time of the accident, stained clothing and any other evidence of the hazard, contamination or defect. This evidence should be placed in a plastic bag that should then be placed in a cardboard box with a lid in order to prevent drying or contamination. The injury attorney should label everything accordingly. This type of evidence must always be saved and preserved in order to rule out other causes of the slip and fall.

Additionally, the injury attorney should place the defendant on notice not to alter, lost, mutilate, or destroy any of the evidence without advising the attorney beforehand.

Russell & Lazarus APC can give you further vital information on this subject.

Nursing Home Abuse Defense Cases

Nursing home abuse cases are very common and involve a patient that is likely living at a nursing home facility, suing the location that they are living at. This usually occurs when something negligent happened and a patient was injured, or suffered in one way or another and these types of cases are becoming more and more frequent. The problem in these types of cases is the fact that it really is a he said, she said type of situation, as most of the incidents have happened behind closed doors and it can be very difficult to determine whether anything negligent did in fact take place. There are a handful of nursing home abuse case defense that are commonly used by various institutions, but a lot of them simply state that the injuries occurred when they were not around. A lot of people that are living in nursing homes will go too and from various doctors offices and other types of hospitals, as their age requires that they are seen regularly. This means that there is a lot of chances for something negative to happen to a patient, which is a defense that a lot of nursing homes end up using.

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