THE ART OF SETTLEMENT DEMAND LETTERS

Tuesday, March 7, 2017

Location: CAALA Conference Center

Networking: 6:00pm - 7:00pm
Program: 7:00pm - 8:00pm
MCLE: 1 Hour Credit

Presented By

Joy Auerbach
Senior Case Supervisor - Olan Law

Sponsored By

SAVE THE DATES FOR 2017!

TUESDAYS

JUNE 6 | OCTOBER 3 | DECEMBER 5

 “A Unique Approach to Attack the Demand
Letter”

By: Joy Auerbach, J.D.

E-mail: joyabach@gmail.com | Cell: (310) 948-4092
PowerPoint By: Tiffany Galatovich
E-mail: tgalatovich@gmail.com | Cell: (310) 866-3177

Joy Auerbach, J.D., is a Senior Case Supervisor at the Olan Law Corporation and a
freelance legal consultant with over thirty years of experience within the legal
industry. Her job functions have ranged from reception to secretarial positions,
legal assisting and paralegal work, and end-to-end case management including
case sign-up, attendance of DMEs, depositions, mediations, arbitrations, and trial
preparation. She is also responsible for supervision and management of
healthcare of clients with moderate to severe injuries.

Joy received her Juris Doctorate from the University of West Los Angeles in 2011.

 Initial Preparations
◦ Case Information
◦ Medical Records & Insurance Policy Limits
◦ Evidence Preservation
 Drafting the Demand
◦ Introduction
◦ Liability / Issues
◦ Special Damages
◦ Emotional Damages
◦ Conclusion
 Exemplar Demands
 Case Information
Client Intake Liability Damages

Medical Records / Insurance Policy Limits

Self Obtaining External Sources

Evidence Preservation
Letters of Representation / Spoliation Independent Investigation

Representation
Injuries
Policy Limits Demand (If Policy Limits Case)
Exhibit Identification
 Facts of Incident

Witnesses
California Premises
Prevailing Law Vehicle Code
– Auto Liability Law
Strict Liability

Drunk Driving /
Negligent Negligence per
Conclusion Entrustment
Issues
se / Negligence Dog Bite Cases

Statute Violation
/ Dangerous
Condition

Physical Medical General

Experts
Injuries Treatment Damages
Orthopedists &
Neurologists
New Physical
•Subjective Complaints Pain and Suffering Treating Physicians
Injuries
•Objective Examination
•Diagnosis

Pre-Existing Chiropractors &

Physical Injuries Physical Therapists
Loss of Earnings & Liability Experts
•Asymptomatic •Treatment
Earnings Capacity (Premises)
•“Egg-Shell” •Diagnosis

Loss of
Earnings &
Earnings
Capacity

Job Loss or
Earnings –
Time Missed Client Loss Lost Earnings
from Missed Verification
from Work
Time

Pay stubs, W- Letter from

2/1099s Employer / HR
 Activities of Daily
Living

Job Functions
Inability /
Difficulty
General Damages Performing:
for Pain and Hobbies
Suffering
Witness
Statements
Education and/or
Training

Demand

Time Limit

o Auto v. Auto – Passenger

o Auto v. Auto – Drunk Driver
o Premises Liability
o Policy Limit Demand
SERVICE & PRODUCT
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