The Roundabout: Transportation Experts Share How to Effectively Navigate From Accident to Resolution (CLM Magazine)

The Roundabout: Transportation Experts Share How to Effectively Navigate From Accident to Resolution

  Friday, May 26th, 2023 Source: CLM Magazine

CLM’s Transportation Community regularly gathers claims, risk, and legal experts in the transportation field to discuss trends in the industry. In this edition, moderator James Foster leads a discussion on pre-suit strategies, what to look for in independent adjusters, and how to select the best defense counsel and expert witnesses.

James Foster: In your view, do trucking cases get better with time? If not, what tactical steps do you take to settle a case early on? In your opinion, is a pre-suit mediation or a mediation early in the case an effective strategy?

Gwen Malone: No, cases get worse with time, namely due to discovery and allowing plaintiffs more time to build up their damages. Pre-suit mediation is a great way to prevent this.

Brendan Keeley: Trucking cases generally do not get better with time in our experience. After the initial investigation is completed, a pre-suit mediation can often be helpful in certain matters, especially those where it becomes clear that claimant’s counsel has client control problems. In such cases, the assistance of a solid mediator and a mediation setting can be invaluable.

Nicole Spellecy: Trucking cases do not get better with time. The longer a claim is open, the more likely the medicals bills will increase, and it’s also more likely a surgical recommendation will be obtained or surgery will occur.

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