howard j. franco, esq. michael l. wroniak, esq. [email protected]@ccmslaw.com special...
TRANSCRIPT
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- Howard J. Franco, Esq. Michael L. Wroniak, Esq. [email protected]@ccmslaw.com Special Guest Star: Luci Thompson
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- WHAT TO LOOK FOR WHEN INVESTIGATING CLAIMS HOW TO TAKE STATEMENTS RESPONDING TO CLAIMS DEALING WITH THE MEDIA
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- Types of Claims Trip/Slip and Fall Workplace Injury Third Party Liability Distinction and Scope
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- Depends on the Type of Claim Tort Based Contract Based Public Entity v. Private Entity Statutory Requirements Common Law
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- ELEMENTS TO ESTABLISH LIABILITY DUTY BREACH OF THE DUTY CAUSATION DAMAGES
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- ELEMENTS TO ESTABLISH LIABILITY HARMED BY A PRODUCT THAT CONTAINED MANUFACTURING DEFECT DESIGN DEFECT FAILURE TO WARN
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- USE THESE ELEMENTS TO CONDUCT YOUR INVESTIGATION! Keys to the investigation OWNERSHIP CONTROL NOTICE
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- FIRST: THE INCIDENT OR RECEIVE CLAIM FORM SECOND: BEGIN INVESTIGATION THIRD: CLAIM RESPONSE FOURTH: LAWSUIT
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- INCIDENT FORM PROTOCOL Develop Protocol Communicate and Follow Protocol CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION or PREPARED AT THE REQUEST OF COUNSEL or PREPARED IN ANTICIPATION OF LITIGATION
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- INCIDENT FORM Time, Date and Activity Observations ONLY NO Opinions
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- GATHER INFORMATION IMMEDIATELY Determine if claim has merit Preservation of evidence FIX THE PROBLEM?
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- Respect Courtesy Understanding Professionalism Sincerity DO NOT EXPRESS ANY OPINIONS! Avoid commentary Stick to Factsremember Joe Friday
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- CLAIMANT THIRD PARTY WITNESSES EMPLOYEES INDEPENDENT CONTRACTORS
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- Inspection Reports Maintenance Records Citizen Service Requests/Complaints E-mails and other correspondence Prior Tort Claims Original Design Documents
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- Contracts Indemnity Provisions Insurance Endorsements Meeting Minutes City Council Agendas/Reports Municipal Codes
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- Photographs Videos OF WHAT? Physical Injuries Property Damage Accident location Many different angles Alleged dangerous condition
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- Preserve Documents! Create Paper Trail of Investigation NO OPINIONS Tender to Third Parties Independent Contractors Contractors Insurance Carriers Insurance Brokers Public Entities May need to do your own Tort Claim
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- Deny Settlement Workers Compensation Disability
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- Claims investigation is a collaborative effort especially once litigation begins Attorney Claims Representative/Risk Manager Organizational personnel Define roles and responsibilities at outset of investigation Division of labor Avoid duplication of efforts Cost savings
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- Attorneys and claims/risk managers need to communicate with each other regularly E-mail, Phone or In-Person Attorney reports should contain critical analysis and recommendations Open and honest communication BOTH GOOD AND BAD!
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- Media shapes and forms public opinion with how it reports your case in several different ways
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- Places officials in the public light Pressure on company and claims handlers Causes public uproar regardless of real facts Makes case seem larger than it is Puts your company in a defensive position
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- Develop relationships and cooperate with local media Have your communication network set up Be first to report?
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- Common Mistakes Too many people making statements One Person One Agency Not making a statement or talking to the press Statements that fuel the fire
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- YOUR INVESTIGATION PROVIDES GROUNDWORK FOR DEFENDING LAWSUIT!
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- The Good The Bad The Ugly
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- INVESTIGATIONEVIDENCE Claim Report Documentation Photographs/videos Statements Assess Liability Assess Damages Direct Evidence Indirect Evidence Impeachment Evidence Depositions Develop Theme(s) Assess Liability Assess Damages
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