Let's face it, when all things are equal as to liability and damages, the particular liability carrier defending a case can greatly influence the value, the point the case settles and even whether a case will ultimately be tried.
Likewise, defense counsel can greatly impact a case. Not only through their skill, doggedness , ability never to leave any stone unturned but also in the way they can act as an obstacle towards settlement. If you've ever dealt with Leahy and Johnson or Landman, Corsi...you will probably go the entire course of the litigation without ever having any direct contact with the carrier. This makes it very difficult to settle a case. These types of firms, not coincidentally, seem to never allow a case to get settled before full -blown multiple ebt's are conducted and the filing of extensive dispositive motions. Is this the way the carrier wants things or just the way defense counsel does it?
So remember ,when we look at a case for the purpose of funding; on similar looking cases, we may assign completely different values depending on who is the liability carrier and what firm is defense counsel.
I'm sure you do to.
Showing posts with label damages. Show all posts
Showing posts with label damages. Show all posts
Saturday, September 18, 2010
Saturday, September 4, 2010
Evaluating a case on appeal for funding purposes.
A growing part of the funding business is providing funding for both attorneys and clients where a plaintiff's verdict was taken and the matter is up on appeal. There is certainly available funding in these circumstances.
Several factors are looked at in evaluating the strength of the verdict which include;
1. The verdict itself; liability, comparative negligence and damages,
2. Amount of available insurance(who is the carrier),
3. Status of post-trial motions;Issues on appeal,
4. Were offers made before the verdict(how much),
5. Has a bond been posted by defendants?
6. Strength of the underlying liability and damages and
7. How long will appellate process take?
These are all pertinent factors considered in evaluating funding for a verdict on appeal.
Contact me if the situation arises for you or your client.
Best to all for the Labor Day holiday.
Several factors are looked at in evaluating the strength of the verdict which include;
1. The verdict itself; liability, comparative negligence and damages,
2. Amount of available insurance(who is the carrier),
3. Status of post-trial motions;Issues on appeal,
4. Were offers made before the verdict(how much),
5. Has a bond been posted by defendants?
6. Strength of the underlying liability and damages and
7. How long will appellate process take?
These are all pertinent factors considered in evaluating funding for a verdict on appeal.
Contact me if the situation arises for you or your client.
Best to all for the Labor Day holiday.
Labels:
appeal,
Attorney Funding,
bond,
damages,
jury verdict,
liability
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