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Howard J. Franco, Esq. Michael L. Wroniak, Esq. hfranco@ccmslaw.commwroniak@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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