The 7 Steps to Settlement
Attorney Tyson Mutrux describes in this video his proprietary 7 Steps to Settlement.
Hi, Tyson Mutrux here again with the Mutrux Law Firm and today I’m going to walk you through the settlement process. Or how the settlement process might prior to actually filing a lawsuit on the case. A good friend of mine, Chris Finney, we’re both attorneys in St. Louis and we came up with what we call, “The 7 Steps to Settlement”. I am going to briefly go over those with you, give you a couple of examples and that’ll just give you a good example of what the settlement process looks like.
So there are 7 steps, as I stated, and number 1 is: The All Encompassing Intake. All that means is that we are getting all information that is immediately, readily available from you, from the accident scene, from any witnesses. We are doing that right away. So we’re going to meet with you immediately, same day if we can and get all of your information, get all the witnesses and if we have to we will send an investigator out to interview those witnesses or go out to the accident scene to take photographs.
Number 2 is: Expand the Case to Narrow the Focus. What that means is, we will actually round table our cases, we’ll meet with other attorneys in our office, and we’ll go and look at every single claim that may be possible to you. Then we throw out the bad ones, get rid of ones that may have weak arguments, and narrow your case down to your best claims.
Once we’ve done that then the next step, step number 3 is: Finding the Coverage to Fully Commit. All that means is that we have to then find coverage on the case. Sometimes insurance coverage is not that easy to find, so we have to start digging, maybe hire an investigator again to find all coverages that may be available to you. For example, let say you have $100,000 medical bills, you may not just be happy with that $25,000 auto accident policy because there may be an umbrella policy out there that we want to find. So that’s what we try and find at this stage. We’re really looking to find every single auto accident policy that’s available to you so that you can be fully compensated for your injuries
Step 4 is: where we Exhaust all Publicly Available Information. Now, step 1 was where we did the all encompassing intake. That’s where the information was immediately available to us at the time. There may be more information available to us out there, and that’s step 4 where we exhaust all publicly available information. Now, this may be about you. This may be about the defendant. Let’s say it’s a premise liability case and we want to know if this companies been sued before. So, we will run a search and find out if they’ve had multiple lawsuits against them for the same issue. Or maybe it’s another defendant. Let’s say it’s an auto accident case, we want to know if they have a huge criminal history because that will actually give us leverage if we have to go to trial. Or prior to filing a lawsuit, we can use that against them when we’re negotiating.
Now, step 5 is what we call: Addressing Adequate Care. We’re going to be continually monitoring you, checking in on you, seeing how your injuries are going, seeing how your healing is going, seeing how your treatment is going. We want to make sure you’re getting the treatment that you deserve. Some people try to tough it out and that’s never good for you, it’s never good for the case. We want to make sure that if the doctor you’re going to is not addressing your needs, we want to make sure that we get you to the right doctor that can address those needs for you. The last thing you want is, in 15 years you’re experiencing the same pain because you didn’t get the right care you needed.
Step 6 is what we call: The Lull. Now, the lull is where you may be done treating and you may not see that much is being done on the case. But in the background, the lull, you’re kind of waiting and we’re working. we’re getting all the records. Once you’re done treating, we’re getting all the medical records, all of your bills, and we should have the police report by that time. We’re getting every single record that we can so that we are ready for the next step, which is the demand.
Step 7: The Demand. That’s really what begins the negotiation process. We send out a demand letter and we tell them what we think the case is worth. Then they make an offer on the case, or they deny the case and we have to file a lawsuit. But that begins the negotiation process. So we’ll go through that until we get an offer that is what we think, reasonable or within the range that we think the case is worth. Obviously, it’s up to you at that point, whether you agree with that and you decide to settle the case.