1 Evaluating Cases at Intake: Identifying Potential Claims for Catastrophically Injured Clients MARK EMISON KCMBA JUNE 28, 2018 Economic Realities •Auto insurance is often inadequate • Missouri/Kansas minimum auto liability coverage: $25,000 • Illinois minimum auto liability coverage: $20,000
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Economic Realities Evaluating Cases at Intake: Identifying ... · Evidence of Airbag Failure •High-speed impact with no airbag deployment •Low-speed or non-frontal impact with
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Evaluating Cases at Intake: Identifying Potential Claims for Catastrophically Injured Clients MARK EMISON KCMBA JUNE 28, 2018
Economic Realities •Auto insurance is often inadequate • Missouri/Kansas minimum auto liability coverage: $25,000
• Illinois minimum auto liability coverage: $20,000
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What to look for when a client has suffered serious injuries?
No. 1 Priority
Preserve the evidence!
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Auto Product Defect Claims
Enhancing Recovery Through a Products Case •Heco v. JCI - $25K insurance policy. Product claim - $43million verdict
•Castillo v. Ford - $50K insurance policy. Product claim- $23 million verdict
•George v. JCI - $25K insurance policy on auto claim. Product claim- $8 million verdict
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Defective Seat Backs
Factors to Consider •Seatback failed (went back)
•Injury to the occupant of failed seat
•Injury to person behind the seat
Seatback failure may not be obvious; a first responder may have
lifted the seatback in extricating a passenger.
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Seat Back Failure Lawn Chair Passes
Federal Tests
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Case Study 1 Facts of the Case:
•Vehicle stopped in turn lane on roadway with 35 mph speed limit
•Vehicle hit from the rear • Striking Vehicle carried $25k in
coverage
What is the case worth? ◦ Would you accept a policy limits
offer from the carrier?
What if the inside of the vehicle looked like this?
What if the client was paralyzed?
Defective Airbags
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Airbag Defects
•Non-deployment
•Low-speed deployment
•Overly aggressive airbags (e.g., Takata)
•Lack of airbag systems
Shrapnel Airbags
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Evidence of Airbag Failure •High-speed impact with no airbag deployment
•Low-speed or non-frontal impact with airbag deployment