Missed documentation or overlooked deadlines can weaken a case, delay payment, and frustrate clients.

That’s why having a structured personal injury case checklist is critical for attorneys.

This guide offers a comprehensive and step-by-step framework for attorneys to manage cases efficiently, ensure compliance, and maximize settlement outcomes.

Understanding The Personal Injury Case Lifecycle for Attorneys

A PI case follows a structured progression from client intake to settlement or trial. Attorneys managing PI cases must coordinate documentation, evidence, and communication efficiently to maximize case value and ensure timely resolution. 

Understanding this lifecycle allows them to implement consistent workflows, anticipate challenges, and reduce administrative bottlenecks.

Why is a Checklist for Personal Injury Cases important?

A checklist is significant as it helps attorneys track critical steps, maintain compliance with deadlines, and ensure no documentation or evidence is overlooked. 

With a comprehensive list of items, legal teams can streamline case preparation, minimize administrative oversights, and strengthen their clients’ position during negotiations or trial. 

Ultimately, it transforms a complex process into a manageable and organized workflow.

Checklist for Pre-Case Evaluation

Starting with a personal injury case checklist allows attorneys to evaluate case viability and gather essential documentation systematically. 

Proper preparation is crucial to ensure a PI case proceeds efficiently and maximizes potential settlement value. 

Attorneys using a checklist early set themselves up for smoother negotiations, stronger claims, and fewer disputes with providers.

Evaluating Case Viability and Client Intake

Before investing significant time and resources, evaluate whether a case has strong legal and factual grounds. 

Key considerations include:

• Liability: Was another party clearly negligent or responsible for the injury?
  
• Injury Severity: Are the damages significant enough to justify pursuing a claim?
  
• Evidence Availability: Can you access records, witnesses, and expert testimony to substantiate the claim?
  
• Client Credibility and Cooperation: Will the client provide accurate information and follow legal advice?

Conducting this assessment early helps prioritize high-value cases and avoid unnecessary administrative burden on the legal team.

Gathering Essential Documentation

Proper documentation is the backbone of any personal injury case. Attorneys must collect all relevant records early to establish liability, quantify damages, and support settlement negotiations or trial arguments. 

Missing or incomplete documentation can compromise case value, delay settlements, and create compliance risks.

Attorneys can leverage the Gain Servicing Portal to track medical records, provider communications, and settlement statuses.

Below is a list of key documents to collect:

Police/Accident Reports

• Obtain official reports from law enforcement or other investigating authorities.
  
• Verify details of the incident, including date, time, location, parties involved, and any citations issued.
  
• Use these reports to corroborate client statements and identify potential witnesses or responsible parties.

Initial Medical Records (ER Discharge, Initial Evaluations, Imaging Reports)

• Collect all records documenting the client’s immediate treatment after the injury.
  
• Collect early treatment records for damage proof, initial physician assessments, and diagnostic imaging.

Managing medical records helps establish both the nature and severity of injuries, directly influencing the claim’s value.

Witness Statements

• Gather written or recorded statements from anyone who observed the incident.
• Document contact information, relationship to the parties, and any potential biases.

Accurate witness statements can strengthen liability arguments and support trial preparation.

Medicare/Medicaid Lien Verification

• Confirm whether the client has received Medicare or Medicaid benefits related to the injury.
  
• Request official lien statements and documentation from the Centers for Medicare & Medicaid Services (CMS) or the relevant state Medicaid office.
  
• Track potential reimbursement obligations carefully to ensure settlement calculations are accurate and compliant with federal and state regulations.
  
• Maintain organized records of all lien communications to prevent disputes during settlement or post-settlement review.

Checklist for Initial Case Setup

Getting a personal injury case off to the right start can determine its ultimate success. 

Early, strategic actions ensure deadlines are met, evidence is preserved, and the client’s interests are protected.

Executing Retainer and Engagement Agreements 

Retainer and engagement agreements form the contractual foundation of a personal injury case. 

Properly drafted agreements ensure attorneys’ rights to fees, clarify the scope of representation, and protect both the firm and the client from disputes. 

Early execution establishes clear expectations and minimizes potential conflicts later in the case.

Key Considerations for Attorneys

1. Scope of Representation:
   Clearly define which matters the attorney will handle, including claims, negotiations, and potential litigation. Specify whether the representation includes handling liens, medical bill negotiations, or appeals.
   
   
2. Fee Structure and Contingency Terms:
   State contingency fee percentages explicitly, including how fees are calculated and deducted from the settlement.
   
   Address additional costs and expenses (e.g., expert witness fees, filing fees, investigation costs) and how they will be advanced or reimbursed.
   
   
3. Client Case Management Considerations:
   Verify that all necessary information and documentation have been provided by the client.
   
   Ensure timely client responses to discovery requests, communications, and lien-related inquiries. Monitor any changes in the client’s insurance coverage or benefits that could affect case strategy or settlement calculations.
   
   
4. Lien and Subrogation Acknowledgment:
   Include language specifying that medical liens, Medicare/Medicaid obligations, or other subrogation claims may affect net recovery.
   
   Ensure engagement agreements include acknowledgment of lien obligations.
   
   
5. Termination and Withdrawal:
   Specify circumstances under which the attorney may withdraw (e.g., non-cooperation, conflict of interest) and the process for handling fees and case materials if representation ends.
   
   
6. Execution and Recordkeeping:
   Obtain signed agreements before filing claims or incurring substantial costs. Maintain agreements securely in the case file, with clear documentation of the execution date and any revisions.

Filing a Claim

Filing a claim correctly requires attention to detail and awareness of revenue-cycle and lien workflows in personal injury cases to protect client rights and preserve medical lien enforceability.

Following a personal injury case checklist during filing ensures deadlines, jurisdiction requirements, and lien considerations are properly managed.

Statute of Limitations

Understand the timeframe for filing a personal injury claim in the respective jurisdiction. Missing the statute of limitations can bar recovery entirely, so note:

• State-specific deadlines
• Exceptions for minors, incapacitated clients, or special circumstances

Jurisdiction Considerations

Confirm the correct court or administrative venue for the claim. Considerations include:

• Location of the incident
• Residence of the parties
• Type and severity of the claim

Proper jurisdiction selection prevents procedural challenges and supports a smoother litigation process.

Checklist for Building the Case

After completing initial intake, executing retainer agreements, and filing the claim, the attorney must focus on assembling and organizing all case-related documentation and evidence. 

This stage is critical for establishing liability, substantiating damages, and preparing for settlement negotiations or trial. 

A structured approach ensures that no information is overlooked and that all materials are readily accessible for discovery and litigation.

Documenting Client Injuries and Treatment Progress

Attorneys must maintain a complete and well-organized set of medical documentation to support the client’s damages claim. The focus is on collection, organization, and legal analysis, not on clinical evaluation.

Treating Physician Notes

• Collect all notes and reports from treating physicians, including initial evaluations, follow-ups, and specialty consultations.
• Ensure documentation is complete, signed, and dated.
• Use the notes to support legal arguments regarding injury severity and causation.

Updated Diagnostic Imaging and Test Results

• Obtain all relevant imaging studies and lab/test results.
• Maintain chronological records to show progression of injuries for settlement discussions or trial preparation.

Treatment Timelines and Progress Reports

• Maintain a structured log of treatments, visits, and procedures.
• Use timelines to correlate treatment with claimed damages and functional limitations.

Medical Billing Summaries

• Compile comprehensive billing records, including procedure codes, charges, payments, and adjustments.
• Track liens, write-offs, and reductions to ensure accurate calculation of damages.
• Organize billing data for efficient review during negotiations or trial.

Checklist for Litigation Process

Navigating litigation effectively requires careful planning, disciplined execution, and strategic use of discovery results. 

Attorneys must manage deadlines, coordinate evidence exchange, and position the case for either trial or resolution through settlement.

Discovery Phase

A structured discovery process ensures that all evidence is obtained, preserved, and leveraged to build case strength.

Discovery Checklist for Attorneys:

• Serve and respond to interrogatories and requests for production.
• Conduct depositions of parties, witnesses, and expert witnesses.
• Review and analyze opposing counsel’s discovery responses for inconsistencies or admissions.
• File motions to compel or protective orders where necessary.
• Maintain a discovery log to track deadlines, responses, and outstanding requests.

Settlement Negotiation and ADR

Discovery often clarifies the strengths and weaknesses of a case, creating opportunities for resolution outside of trial. 

Attorneys must approach negotiation strategically while preserving the option to proceed to trial if necessary.

Negotiation Strategy Checklist:

• Identify the optimal timing for initiating settlement discussions (pre-suit, post-discovery, or pre-trial).
• Prepare a demand package highlighting liability strengths and documented damages.
• Anticipate defense arguments and prepare evidence-based counterpoints.
• Record all offers and counteroffers to ensure compliance and preserve leverage.

Alternative Dispute Resolution (ADR):

• Assess whether personal injury case mediation could narrow disputed issues or promote early resolution.
• Consider arbitration where a binding resolution is cost-effective and in the client’s interest.
• Document ADR outcomes and adjust trial strategy accordingly if resolution is not reached.

Checklist for Trial Preparation

Even if a personal injury settlement is likely, preparing for trial ensures the case is fully supported and ready if negotiations fail.

Courtroom Procedures

• Understand local rules, filing requirements, and evidentiary standards.
• Coordinate witness schedules, exhibits, and jury instructions.
• Ensure all documentation is organized for quick access during trial.

Preparing Clients and Experts for Testimony

Effective testimony preparation is critical to presenting a persuasive case. Attorneys must brief clients and experts on courtroom expectations.

They should also be able to provide clear and credible answers while maintaining independent testimony. This step minimizes surprises during trial and strengthens the overall case strategy.

Attorney Guidelines for Witness Preparation

• Review relevant documents and evidence the witness will reference.
• Conduct mock direct and cross-examination sessions for practice.
• Advise on body language and maintaining a credible courtroom demeanor.
• Prepare the witness for challenging or leading questions from opposing counsel.
• Ensure demonstratives and exhibits are organized and easily accessible.
• Discuss handling objections and hypothetical scenarios during testimony.

Checklist for Post-Trial Resolution

Once the verdict is issued, proper follow-up is essential to ensure all rights and obligations are addressed.

Understanding the Verdict

• Analyze findings, damages awarded, and any reductions.
• Review whether the judgment aligns with expectations and prior case assessments.

Potential for Appeals

• Determine if legal grounds exist to challenge the verdict.
• Consider cost-benefit analysis and potential impact on client recovery.
• Initiating timely appeals can preserve options for additional compensation if warranted.

Judgment Collection and Lien Resolution

• Verify final settlement or judgment amounts, including fees and costs.
• Identify all liens: Medicare, Medicaid, insurance subrogation, and providers.
• Confirm lien amounts and establish payment procedures with lienholders.
• Satisfy lien obligations before distributing funds to the client.
• Maintain records of payments to providers and third parties.
• Take action to collect unpaid judgments or enforce court orders.
• Monitor deadlines for statutory or contractual collection requirements.
• Document all communications, payments, and adjustments for compliance purposes.
• Ensure compliance with federal, state, and local lien regulations.

Conclusion

Successfully managing a PI case requires careful attention, strategic planning, and consistent follow-through. 

This is where a personal injury case checklist helps attorneys to apply diligence at every stage, protect the clients’ interests, strengthen case value, and reduce the risk of disputes or delays. 

Leveraging Gain’s platform for attorneys and adhering to best practices in lien resolution allows legal teams to focus on strategy.

The Importance of Diligence

Thoroughness in documentation, timely filings, and proactive case management ensures that no critical detail is overlooked. 

Consistent diligence not only improves settlement outcomes but also safeguards reputation and fosters trust with clients and medical providers. 

Seeking Professional Guidance

While experienced attorneys can navigate most aspects independently, leveraging Gain’s expertise in PI case management can streamline case handling, eliminate errors, and accelerate settlements. 

By integrating technology with professional guidance, attorneys can maximize efficiency, reduce administrative burdens, and secure optimal outcomes for clients and providers alike.

To learn more about how Gain can streamline personal injury case management and support legal practice, contact us today.

FAQs

1. What is a personal injury case checklist for attorneys, and why is it useful?

A personal injury case checklist is a structured framework that attorneys use to track deadlines, gather records, and manage liens. It reduces errors, ensures compliance, and supports consistent workflows across the firm.

2. What documents should attorneys prioritize when gathering records in a PI case?

Key documents include accident or police reports, initial and ongoing medical records, witness statements, diagnostic imaging, and billing summaries. Collecting these early establishes a strong evidentiary foundation.

3. How should attorneys approach lien verification and resolution?

Attorneys should identify Medicare, Medicaid, private insurance, and provider liens early in the case. Request official statements, track obligations, and confirm resolution before distributing funds. This prevents compliance issues and post-settlement disputes.

4. What are common pitfalls attorneys face when managing PI cases?

Frequent challenges include missed statutes of limitation, incomplete record collection, late lien verification, and disorganized billing documentation. A checklist mitigates these risks by standardizing case management.

5. How can attorneys prepare clients and experts effectively for testimony?

Preparation includes reviewing relevant evidence, conducting mock examinations, clarifying courtroom expectations, and ensuring consistency in testimony. The goal is to minimize surprises and strengthen credibility at trial.

6. How does a PI case checklist improve efficiency during the discovery phase?

Using a checklist ensures all interrogatories, depositions, and document requests are tracked systematically. It helps attorneys avoid oversights, manage deadlines, and streamline case preparation for trial.

7. Can technology help attorneys manage personal injury cases more effectively?

Yes. Platforms designed for PI case management, such as Gain, allow attorneys to centralize documentation, automate lien tracking, and monitor deadlines in real time, reducing administrative burden and improving accuracy.

The post The Complete Personal Injury Case Checklist – 2025 Updated For Attorneys/ For Law Firms appeared first on Gain Servicing.

One way to better understand what Gain’s platform can do for your business is to look at what it does not do.  

But first, the do’s. 

Provide 3 product offerings for Healthcare providers 

1. Full servicing: Gain’s SaaS-based, AI-enhanced platform manages Letters of Protection (LOPs), also commonly known as medical liens, and personal injury receivables, enabling medical providers to maintain control over their liens while streamlining communication with personal injury attorneys.   Our platform allows medical providers to connect with personal injury attorneys, share key documents faster, provide case status updates, and submit invoices, all designed to ensure providers are compensated fairly without the need to sell liens to third parties. This model not only enhances operational efficiency but also addresses attorneys’ concerns, creating a win-win scenario for providers, attorneys, and patients alike by combining the best of lien management with comprehensive Revenue Cycle Management (RCM) support. 
2. Partial advance: With the Partial Advance option, Gain provides a percentage of invoice to a provider up front, helping to manage cash flow and pay operational expenses while you wait for the settlement. Partial advances also carry certain tax advantages and further reduce risk for medical providers. Gain’s partial advance also comes with the potential for revenue sharing on the back end.  
3. A/R Purchase: We understand that selling medical liens isn’t the first choice or most economical for healthcare providers, but sometimes it’s necessary to ensure you can provide care without worrying about paying your operational costs in a timely fashion. That’s why Gain offers a straightforward option to buy your medical liens. This way, you get paid upfront, removing the uncertainty of when and how much you’ll receive. Our goal is to help you focus on what you do best: caring for your patients, by offering a reliable financial solution when you need it.  

Maximize returns and minimize risk

Gain’s proprietary AI and predictive analytics maximize returns. Our services come with quality of earnings verification for private equity investors and lenders. With our full suite of lien/LOP services and funding options, you can minimize claim denials to below 2% and leverage our third-party status to minimize your risk of being targeted as having a vested interest. 

Document management

Gain’s secure document storage and messaging system makes it easy to share all necessary documents and updates, saving valuable staff time.  Having the correct documentation for treatment ensures that insurers settle for what is fair and equitable. The Gain platform is built to ensure the documents attorneys need are delivered in an expedited and efficient manner.  

Facilitate communication

Our services help medical and legal teams stay in sync, which is critical to achieving positive outcomes for the patient. On our platform, medical and legal staff can share timely updates and stay informed on the progress of care and developments for the patient.  

Foster better financial decision-making

Our AI-enhanced platform combines business intelligence with analytics to generate reports and data that will drive better business decision-making. Our platform’s analytics benchmark reimbursement amounts to thousands of similar lawsuits, helping ensure you receive what is fair and equitable. 

What We Don’t Do

Generate leads or referrals: We do not help medical providers generate leads or referrals. Rather, our platform uses a geo-locator to help attorneys find providers close to the patient. Attorneys can access a nationwide map to source medical care or search for nearby providers utilizing the client’s home address. 

Provide health insurance: Our platform does not replace the need for traditional health insurance. The Gain platform and services aim to make sure that third-party liability carriers properly compensate patients for their injuries.

Since the 1990s, the country’s largest insurance companies have been using a software program called Colossus that effectively works as a claims denial program. In adopting Colossus, insurance companies have put profits over policyholders. The Gain platform believes that injured patients, through no fault of their own, are deserving of high-quality medical care. 

Act as a health care provider: We do not provide any of the functions of a healthcare provider in delivering care. Our case managers provide requests for transportation to appointments, access to prescription cards, and other important services related to personal injury medical care, freeing up medical provider staff time and making sure patients get the care they deserve, but in no way do we make medical recommendations. 

The medical side of our portal is designed exclusively to support medical practices in their work, simplifying and taking on the administrative task load and financial risk associated with LOPs and medical liens.  

Offer legal advice: Our platform and services are designed to manage the financial and administrative aspects of medical liens and LOPs, not to provide legal counsel. Attorneys that represent plaintiffs in personal injury cases are clients of ours who use the Gain platform to track client records, obtain case status updates, and communicate with medical providers.  

When it comes to what Gain’s platform does do, the results speak for themselves. On average, we collect nearly 900 basis points more than providers do when they self-service their own medical lien accounts. As of early 2024, over $250 million of medical care has been facilitated through our platform and $800 million in medical liens have been serviced.  

Our leading personal injury management software is the industry’s most advanced way to handle LOP agreements, personal injury receivables, and medical liens. Click here to request a personalized consultation with a Gain specialist today. 

The post Gain Personal Injury Claim Management: What we DO – and DON’T DO – for your Practice appeared first on Gain Servicing.

Since the mid-90s, there has been a fundamental shift in how insurance companies process claims. They have shifted away from the benefit of policyholders and towards the benefit of shareholders, meaning they want to make as much money for themselves as possible to the detriment of those paying premiums.

Access to legal funding and trial lawyers preserves this inalienable right. Together, we are the guardians of those individuals who have been harmed by the negligence of others. When left unregulated, big businesses have proven time and again to be poor self-regulators and therefore must be held accountable for their products, actions, and consequences of their poor business practices.

For these reasons, and for so many more, it’s important to support your local trial lawyers association.

State Trial Lawyers Associations

The American Association for Justice, www.justice.org, works collectively with more than 60 state and local trial attorney associations across the U.S. to promote a fair and effective justice system. They also support the work of attorneys in their efforts to ensure that any person injured by the misconduct or negligence of others can obtain justice in America’s courtrooms – even when taking on the most powerful interest groups and big corporations.

Because of where we are headquartered, Gain is proudly an active sponsor of the Georgia Trial Lawyers Association (GTLA), www.gtla.org, and have been since our founding. The GTLA’s mission is to protect the Constitutional promise of justice for all by guaranteeing the right to trial by jury, preserving an independent judiciary and providing access to the courts for all Georgians.

In addition to providing access to over 2,000 practicing attorneys who are members of GTLA, they also provide resources, including a document bank of expert depositions, motions, verdicts, appeals, and briefs. Plus, there are membership councils, award recognitions, ceremonies, and other regularly scheduled events.

The community these state trial lawyer associations create means an assembly of expertise, information, and resources to better prepare the defense of individuals who have been wrongfully harmed by unconscionable negligence. Deliberate misconduct will not be tolerated and through these associations, individuals are again empowered to seek justice and fair settlements or verdicts.

Making a Difference

There have been countless examples throughout history, and some very recently, of the immeasurable good these groups, like GTLA, are doing.

Last year, we wrote about the popular, and controversial, Liebeck v. McDonald’s Restaurants liability lawsuit of 1994, where 79-year-old Stella Liebeck was awarded compensatory damages and, the less common, punitive damages after having to endure hospital stays, skin graft surgeries and physical therapy appointments from burns she received from a cup of scalding hot McDonald’s coffee.

If no penalties are brought to big businesses when they are negligent in their behavior, these companies and corporations will continue their operations, ignoring the individual consumer’s best interest.

Here are some other cases worth reading about:

• Workplace Safety: Asbestos Subject to Strict Regulation
• Flammable Children’s Pajamas Taken Off Market
• Football Helmets Now Protect Players
• Ford Eliminates Illusory Park Defect after Verdicts
• Jury Award Spurs Domino’s to Drop Deadly Policy

At Gain, we are proud defenders of the Seventh Amendment and we are equally as proud to be serving in this mission alongside great partners, like the Georgia Trial Lawyers Association and others.

For a complete listing of state trial lawyers associations, along with their contact information, go to: www.justice.org/who-we-are/national-advocates-civil-justice-system/state-trial-lawyer-associations.

The post Why It’s Important to Support Your Local Trial Lawyers Association appeared first on Gain Servicing.

The prestigious CODiE Awards recognize the companies producing the most innovative Business Technology products across the country and around the world.  

As our Founder and CEO Reid Zeising proudly stated, “Winning the Best Healthcare Technology Solution award at the 2024 CODiE Awards for the second consecutive year is a tribute to our technology team and a significant milestone for Gain. This award solidifies our position as a leader in healthcare technology and underscores our mission to bridge the gap between attorneys and healthcare providers, ensuring that personal injury victims receive the care they deserve without financial strain.” 

The Software & Information Industry Association (SIIA), the principal trade association for the software and digital content industries, announced the full slate of CODiE winners during a virtual winner announcement.  

“We are thrilled to win the CODiE award for Best Healthcare Technology Solution. The team here at Gain has been working very hard to build our AI-Enabled platform to help accident victims without health insurance to get the medical treatment that they desperately need, and with the recognition of this CODiE award, it’s our hope that we can help and reach even more people in need of medical care”, said Gain’s COO and CTO Jonathan Razza. 

Gain’s platform stands out by providing a consolidated and collaborative ecosystem of professionals, enabling seamless coordination between law firms and healthcare providers. This integration allows for the initiation of medical treatment, scheduling of medical transportation, requesting pharmacy cards for clients, and cash advances—all with a click of a button. Gain’s platform serves as the critical hub connecting personal injury stakeholders and simplifying revenue cycle management for complex claims. 

“The recipients of the 2024 Business Technology CODiE Awards continue to uphold the prestigious tradition of the CODiEs by distinguishing the most effective and influential applications, services, and products in the business technology sector. We take immense pride in acknowledging this year’s winners – the crème de la crème! Kudos to all the victors of this year’s CODiE Awards!” says Chris Mohr, President of SIIA. 

Judge Comments on Gain’s Performance 

A SIIA CODiE Award win is a prestigious honor, following rigorous reviews by expert judges whose evaluations determined the finalists. SIIA members then vote on the finalist products, and the scores from both rounds are tabulated to select the winners.  

The CODiE Awards judges provided insightful comments on Gain’s overall performance and strengths, highlighting the unique and niche nature of our solution. Here are some of their remarks: 

Overall Performance 

“The solution is unique and very niche in its segment. It helps personal injury clients lacking financial means to pay for treatment navigate through the insurance system. The different aspects of the workflow – revenue cycle management services, expert managed services support, and financial settlement – are covered beautifully as part of the integrated solution. 

Integrations [have been] very handled and also the way it has been thought out for building blocks. They have used low/no code platform to make sure the time to market is archived while keeping the utility in mind. Overall a great LOP servicing platform.” 

Strengths

“The manner in which a total managed services model has been crafted by Gain to provide an end-to-end solution in the targeted ecosystem is truly innovative. The use of technology (Gain RCM Platform) coupled with their personal injury attorney network and the team of experts working towards streamlining communications and helping advance towards settlement – all these provide a great combination and win-win situation because patients can get access to high quality care regardless of their ability to pay. Practices can leverage their expertise to reduce write-offs, and increase collection amounts.” 

Details about the winning products can be found at https://siia.net/codie/ 

In addition to this accolade, our recent accolades include being named a 2024 Pacesetter for the 6^th consecutive year by the Atlanta Business Chronicle, being listed on the Inc. Magazine’s List of the Southeast Region’s Fastest-Growing Private Companies, the Deloitte Fast 500, recognized as one of the Best AI-Led Legal Healthcare Solutions Company in the USA by Corporate Vision, recognition on the Inc. 5000 list for the fourth consecutive year, the SIIA CODiE Award for the Best Healthcare Technology Solution, being named one of the Top 40 Innovative Technology Companies in Georgia, and being dubbed a 2023 Pacesetter by the Atlanta Business Chronicle. 

About the CODiE Awards

The SIIA CODiE Awards is the only peer-reviewed program to showcase business and education technology’s finest products and services. Since 1986, thousands of products, services, and solutions have been recognized for achieving excellence. For more information, visit siia.net/CODiE. 

Congratulations to the entire Gain team for this prestigious honor, and thank you to all of our customers, partners, and friends for your continued support! We couldn’t do this without all of you! 

The post Gain Wins Best Healthcare Technology Solution at the 2024 CODiE Awards!  appeared first on Gain Servicing.

During the 1990s, there were also a number of damaging storms, which began to fundamentally shift how insurance companies conducted business. In 1989, Hurricane Hugo ripped through South Carolina, leaving in its wake $4.2 billion of insured, yet damaged property. In 1992, Hurricane Andrew stormed through, creating $15.5 billion in claim payments and resulting in the bankruptcy of 11 separate insurance companies.

When the payout is greater than the insurance premiums customers pay, there is no profit.

For the insurance companies that survived, and who depended on insurance premiums and investments for income, they believed something had to be done. Storms were gaining magnitude. Catastrophe models weren’t as predictable and face-to-face assessments were dubbed as being useless, time-consuming, old-fashioned, and inefficient.

Now, computer programs and software are calling the shots, like Colossus, which determines claim payments based on statistics, technical data, and mathematical probabilities all designed to pay out less in settlements. But, are these computations fair and non-discriminatory to injured parties? Or, are the probabilities rigged in favor of insurance companies?

Around the same time as those destructive storms, Allstate, an American insurance company, hired McKinsey & Company, a New York consulting firm, to show them how they could increase their bottom line. McKinsey & Co.’s PowerPoint presentation, complete with more than 12,500 slides, was a fundamental shift in the insurance business model. The industry quickly went from being “For the benefit of policyholders” to “For the benefit of shareholders.” It boiled down to this: avoid paying claims, and when you do pay—pay less. After heeding McKinsey’s advice, Allstate saved $700 million and their stock price rose dramatically. (Note: Allstate ended up paying $2.4 million in fines to the U.S. courts for not initially handing over this documentation.)

Allstate raked in the profits. In the first few years of the Colossus implementation, average payouts for bodily injuries dropped more than 20 percent. Mark Romano, a former Allstate senior executive and top expert in Colossus described his work utilizing the program as “turning the knobs.” In fact, the 1996 McKinsey team even noted initial resistance from Allstate claim agents, stating there was a “lack of buy-in.”

After any major accident, urgency matters for the injured insurance policyholder. The first 180 days hold tremendous financial pressure. Claims, fees, payments, and medical bills immediately start piling up. If an individual can no longer work, who pays the mortgage? Companies, like Allstate, understand this predicament, which is why they drag their feet on paying insurance claims.

David Berardinelli, author of From Good Hands to Boxing Gloves: The Dark Side of Insurance, details this courtroom power-play. Berardinelli turns Allstate’s motto on its head when notes that the policyholders who accept initial, but much smaller, claim settlement amounts are “in good hands.” But for those policyholders who choose to fight and seek legal representation, they receive Allstate’s  boxing gloves.”

Companies, like Allstate, pressure policyholders to settle quickly and to accept some money (even though it’s a fraction of what a policyholder is due). Or, they deny and diminish claims, so that policyholders have to use their own resources and seek legal representation to fight for a fair settlement. If resources are already scarce, where will the money come from to cover legal fees? Policyholders, concerned they could spend years in court while their bills go unpaid, often feel forced to take what is initially offered. In fact, one McKinsey & Co. slide for Allstate simply read, “Win by exploiting the economics of the practice of law.”

Berardinelli added: “All this is a plan for switching money from the policyholders’ pockets to the shareholders’ pockets.”

The Alligator Approach to sit and wait is done deliberately to frustrate policyholders, so they’ll accept less and walk away. Legal and medical funding, like what Gain provides, offers an opportunity to gain access to critical funds in a timely manner and allows attorneys the necessary time to fight for a fair settlement or go to trial. Nobody should have to choose between taking a lesser settlement and waiting for a fair settlement or trial because they need money to pay for essentials and their medical care. Legal and medical funding also isn’t a loan, so if plaintiffs don’t win, or if the amount they’re awarded is less than the bills owed, they only pay what they have recovered. Repayment is contingent on the success of the lawsuit or the settlement of the case.

After the fundamental shift in the 90s, plaintiffs need to be their own advocates. Insurance is a business model and it’s one that is weighted heavily to tip the scale in favor of the insurance company, not the policyholder.

The post Reduced Payouts, Increased Profits: How the Insurance Industry has Shifted Away From People, Towards Profits appeared first on Gain Servicing.

Which is better: A high-deductible health insurance plan where you pay more before insurance actually kicks in, or a low-deductible plan with higher premiums? And, how do you choose?

Why do people pay for the “Cadillac” of insurance when they still end up having to pay out of pocket for medical care?

Insurance companies want to scare consumers into paying for premium plans. Why? Because it’s good for business.

Parsing Out Coverage Costs

The average cost of healthcare coverage is increasing for consumers. Rates are rising, and they’re rising fast. Per month. Per year. Per plan. All while covering less. In April, health insurance hit a five-year peak, spiking 10.7 percent over the previous 12 months and making it hard for consumers to keep up with the added expenses.

These days consumers are also increasingly in the dark as to what healthcare actually costs. Vague and discretionary pricing, especially in emergency rooms, which is where the majority of personal injury victims end up, makes it difficult for consumers to know what they’re being charged. This, coupled with constant health insurance updates, high deductibles, uncovered procedures or facilities that are out of network, and government regulations – tax penalties or no tax penalties – and it’s easy to see why it’s difficult for most people to stay up to date on health insurance coverage, let alone to understand what they’re actually getting out if it.

Finding appropriate insurance is a balancing act between deductibles, premiums, and what might happen. Insurance companies are hoping you’re expecting the worst.

Healthcare & Unanticipated Personal Injuries

Personal injuries are unexpected circumstances. No one has a calendar reminder set for an incident that is going to leave them injured, unable to work, and with hundreds of thousands of dollars in expensive medical bills.

Does the 1994 product liability lawsuit between Stella Liebeck and McDonald’s ring a bell (Liebeck v. McDonald’s Restaurants)? This was the highly publicized “hot coffee” case. Liebeck, a 79-year-old woman in New Mexico, had no plans of spilling scalding hot coffee on her lap resulting in severe burns, hospitalization, and multiple skin graft surgeries. She was left with mounting medical bills and a corporation trying to dodge paying for any of it, which is why a court case ensued.

Why would anyone pay a pretty penny for health insurance with nominal coverage? Then again, why would anyone overpay to cover medical expenses they’re not expecting and may never need?

Two forms of coverage that are well worth the cost, in my opinion – and are actually part of your auto coverage, not healthcare coverage are Medical Payment Coverage (MedPay) and Uninsured/Underinsured Motorist Coverage (UM/UIM). MedPay covers the cost of injuries to you or your family members, no matter who causes the accident, while UM/UIM covers your medical expenses when you are injured by an uninsured or underinsured driver. Both are great options. (For more information on the two, I recommend giving this article a read: How to choose Medical Payments, Personal Injury Protection & Uninsured Motorists coverage.)

The Business of Insurance

Insurance and healthcare coverage are business models and they’re designed to be profitable. HMO. POS. PPO. EPO. These aren’t ticker symbols on the stock market, they’re healthcare coverage options for consumers, and instead of leaving people with peace of mind and optimal coverage, they’re leaving them broke.

Are these business models working when consumers are unable to afford the care they need? Insurance companies think so, since they’re the ones coming out on top.

Consumers expect health insurance to cover doctor visits, hospital stays, prescription drugs, and preventative care – it’s what they’re paying for after all. The reality is, health insurance is just like any other business model, so insurance must be priced higher than what a company actually ends up paying out. They make their money through underwriting profits (premiums minus payouts and expenses) and the income they collect on premiums. As a business, they have to cover their overhead costs: administrative expenses (the endless paper bills being sent back and forth), executive salaries, advertising (Superbowl ads are expensive) and rent for office space. But the model, for consumers anyways, is simply not working.

How Does Insurance Work for You?

Alternate insurance plans come at different costs. Depending on specific plans, some offer distinct services. Want more services and added flexibility? That will cost you. Is the individual seeking health insurance a smoker or a non-smoker? Family plans cost more than individual plans. Where you live and how old you are can also affect your rates.

It’s frustrating to pay high rates each month for health insurance coverage that doesn’t cover what you need when you actually need it.

Variables, like types of health insurance plans, the tier of the plan, the sub-divided tier of the plan (there are even metal tiers like Bronze, Silver, Gold, or Platinum) and a lower catastrophic tier, and an individual’s medical history, all affect the underlying costs. Platinum may sound like the best, but this coverage may not make sense for you or your family. It all just depends.

But it’s not only about being able to afford your monthly insurance payments, it’s also about putting your insurance to work once you’ve been hurt. When you hit your deductible—say, it’s $5,000 you’ll still be on the line to pay coinsurance, another form of cost-sharing, until you reach your out-of-pocket maximum. Once this is met, insurance kicks in covering 100 percent of covered services. Covered being the optimum word here.

If you did have a $5,000 deductible set aside for one medical emergency, you’re still not in the clear. Until you hit your out-of-pocket maximum, and only if these services are covered, you’re still on the line for covering the rest of those funds.

And on and on it goes.

Growing Profits & Cutting Costs

Insurance companies don’t want to break even they want to make a profit.

In the 90s, after a series of catastrophic storms and expensive payouts to consumers, insurance companies began going out of business. It wasn’t until they implemented computer programs like Colossus to turn the knobs that they were able to tip the scales back in their favor, and to the benefit of their shareholders, not their policyholders.

This same trend is alive and well in the healthcare industry today: insurance companies make more money when they avoid paying for care.

With any amount of insurance coverage, consumers are still expected to pay the remaining funds to cover their non-negotiable care. This can be especially frustrating in personal injury accidents where people are injured at no fault of their own. Top-tier insurance coverage in these cases often doesn’t matter because of the insurmountable costs associated with these catastrophic events.

Health insurance, no matter the level of coverage, is often just a drop in the bucket.

The post “Super Good” Insurance Doesn’t Matter. Here’s Why. appeared first on Gain Servicing.

What is Self-Funding?

Medical expenses from a personal injury accident can easily skyrocket to become hundreds of thousands of dollars. Easily. Do you have $100,000+ in your savings or your “rainy day” account? Most people don’t.

Self-funding, or paying for your medical bills and accident-related fees on your own, is one option, but since most Americans don’t have $100,000 laying around in their couch cushions or stashed in their bank accounts, how would someone come up with money like this?

Charging these medical bills to your personal credit card(s), tapping into your 401(k), or asking friends and family may seem like a good immediate alternative funding stream, but in the long run, self-funding can cripple you, and those around you, financially.

“I’ll just charge it to my credit card.”

Good credit takes years to develop. The better your credit score, the more options you have. A decent credit score unlocks opportunity and lowers interest rates, especially when you’re looking to buy a home or a car. Bad credit equates to higher interest rates, meaning you’ll be paying more over time.

While personal injury plaintiffs may want to settle their medical bills and balances to zero with one swipe of their credit card, avoid accumulating credit card debt. Interest rates are on the rise. Right now, the average interest rate for a new credit card is 19.24 percent, and for existing accounts it’s 14.14 percent. And, don’t expect a zero percent promotional rate to last as long as you’ll need it to in order to decimate the debt. Promotional rates are temporary. On top of your growing debt and calculated interest, when you fail to pay the minimum payment, expect to also fork over an average penalty APR of 26.18 percent.

“I’ll just tap into my 401(k). This counts as an immediate and heavy financial need, right?”

Many 401(k) plans do provide for elective deferrals for hardship distribution. Certain medical expenses from personal injury accidents may qualify as immediate and heavy, but know that when you take a hardship distribution from your 401(k), not only will you pay a 10 percent penalty, this money is also considered ordinary income, so normal tax rates apply.

Taking money from a 401(k) is not a loan, so hardship distributions aren’t ever repaid. As the IRS states, Thus, a hardship distribution permanently reduces the employee’s account balance under the plan.”

Reaching into a 401(k) is like stealing money from your future self and getting taxed for it. What could that money be earning for you if you were to leave it there instead?

“I’ll just ask my friends and family for help.”

Friends and family can only do so much. If you had seven willing family members who agreed to help you tackle your $100,000 of medical bills, they’d each be giving you a check for about $14,290. Do you have seven relatives who’d be willing and able to share that amount of money with you without any strings attached or stipulations?

In a moment of need, close relatives and friends may be eager to help, but you also need to consider the future. What’s your plan for paying these family members back? Who will you pay back first? How might owing seven payments of $14,290 to your family members strain your relationships with them? How might this debt affect your life and living expenses moving forward?

Medical Funding is a Smarter Option

Medical funding is another alternative to self-funding. Receiving money through non-recourse funding sources allows you to cover the cost of medical bills and living expenses like rent, utility bills, and car payments, while your case works its way through the court system without crippling your financial record. Non-recourse means you only pay the money back if and when you win or settle your case.

Keep your credit cards in your wallet, the money in your 401(k) where it belongs, and your friends and family out of your financial arrangements. Medical funding is the smarter choice.

The post The High Risk and Hidden Costs of Self-Funding appeared first on Gain Servicing.

James G. Kahn, M.D., M.P.H. writes in The National Academies Press, “There are very substantial administrative costs in the U.S. healthcare system, making up, by one estimate, nearly one-third of all spending.”

Through a complex payment system, the cost of care you are paying for includes the salaries of doctors, nurses, medical technicians, general employees, medical billers, of insurers, and sub-contracted workers all the way down the line. It is an inefficient system compounded every step of the way by every hand the bill and care passes through, all adding to the total cost and confusion that is modern-day healthcare. Blanketed, and highly politicized, campaigns like tort reform are not the solution. In fact, they are steps in the wrong direction completely.

Since the rules that are in place are quite non-transparent, patients end up footing the cost of a bill that quite exceeds the care they received. As medical bills move throughout the system, complexity, variability, and friction all add to the problem and, subsequently, the cost.

The overall cost of healthcare is skyrocketing and is only on pace to continue increasing.

Are there ways we can begin to control these costs? Does the cost of health care affect the issue of tort reform?

I hope to get you an answer.

What You See Is Not What You Get
If you were to ask what all is included in the cost of a hospital bill, just about anyone would shake their head and shrug their shoulders.

Who knows?

The actual cost of healthcare is routinely hidden from the eyes of the patients receiving the care. When doctors order tests, procedures, or medications, very few of them have an idea of how much these line items cost. They simply order what they need and expect the patient to foot the bill, no matter the amount.

Payment for these kinds of services can differ from patient to patient, and vary widely depending on the patient’s insurance plan, but hospitals have their own separate billing departments that aren’t directly connected to the doctors or the tests and procedures they order. It is a fragmented system on the inside, let alone from the patient’s perspective, making it tough to track and easy to pad with hidden and inflated fees.

When it comes to the money that is going into healthcare, insurance companies do in fact control almost all of it. The more healthcare costs continue to increase, the more power the insurance companies will have. So, how do we reverse this system that is consequently lining the pockets of all of the biggest companies, and taking from so many Americans?

An Issue and A Complexity…What’s the Solution?

Excessive administrative costs, lack of transparency, and billing inefficiencies continue to drive up total healthcare costs. Not to mention, it is taking patients more time than ever before to pick away at the increasing cost and medical debt they’re incurring from the broken system.

According to the Medical Billing Advocates of America, hospitals and clinics routinely overcharge their patients for services. That’s a fact. Like carefully reviewing your credit card statement at the end of the month, it makes sense to do a review of your medical bill. But, how is anyone, especially the average anyone, able to decode all of the line items?

It is possible.

You are able to put your foot down when it comes to bogus fees like, an oral administration fee, which is actually the nurse handing you your medication in a little paper cup, or if you’re charged for a technical problem, like an x-ray that needed to be taken twice because the machine had a clarity error or there was a misreading of your x-ray by the doctor.

While you are not able to sue a hospital for the overcharges that may compile on your bill, asking questions and following up can be a huge benefit as you begin to examine what your true cost for care totals up to be.

Imagine this: A hospital charges you $3,000.00 for admittance into the ICU on a Tuesday, but you weren’t actually admitted until 3 a.m. on Wednesday. That $3,000.00 glaring at you is a hefty fee and one that you’re responsible for despite its inaccuracy. Now imagine if that supercharge suddenly disappeared from your bill. Better yet, what if it was never on your bill in the first place?

How Healthcare Matters in Tort Reform

Combating the skyrocketing rates of healthcare is directly related to the importance of the Seventh Amendment, especially when it comes to the hotly debated topic of tort reform. Plaintiffs need help covering the costs of care and the medical bills that quickly pile up given what has happened to them – situations that oftentimes they aren’t even responsible for, let alone expecting to have happened to them.

Had the medical bills not been so expensive for Stella Liebeck of the 1994 product liability lawsuit when she spilled the hot McDonald’s coffee on her lap and was so severely burned she required skin grafts and surgeries, Mrs. Liebeck may not have opened up a case that made McDonald’s come face to face with their larger issue: the fact that over 700 other individuals had reported McDonald’s coffee burning their bodies.

Some would argue that tort reform would lower the cost of healthcare, but this comes under a guise.

The thinking here is that if doctors aren’t so worried about getting sued, they wouldn’t be ordering every test in the book to cover all of their bases. Tort reform is often an easy target. Republicans, especially, have demonized plaintiff attorneys and contest that frivolous lawsuits are clogging up the judicial system and increasing medical costs. Though, the true measure for reform here may, instead, be rooted in the cost of healthcare itself.

A major study published in the New England Journal of Medicine conducted by a team of five doctors and public health experts who decided to dig a little deeper to see if in the states where tort reform measures were passed nearly ten years ago (Texas, Georgia, and South Carolina) made a difference in the cost of care. Here’s what they found: it did nothing to reduce costs or the number of expensive tests and procedures doctors had ordered.

In Liebeck’s case, she wanted McDonald’s to cover the medical expenses that Medicare wouldn’t cover. That seems fair, right? When we’re speaking about those individuals who are pushing for tort reform, these are the people working to try and limit the value of a human life, cap damages, and restrict the ability for citizens to bring an issue to light within a court of law, like Liebeck.

Truth be told, medical billing is only a fraction of the issue. What would really move the needle in terms of healthcare and tort reform, is increasing medical pricing transparency.

One of the best examples of how our current healthcare system works can be seen in this 2010 video, If Air Travel Worked Like Health Care. It is painfully accurate, and a well-executed parody of the frustrations felt by millions of Americans on the subject of healthcare.

Consumers should be allowed to see the cost of the care and everything that will go into that care, ahead of time. This would cut down on the back and forth between providers, patients, and insurance companies and give people back the choice of care they receive and how their money gets spent on it. Usual and customary charges are well established and the free market system should allow for providers to market their services at both discounts and premiums to these rates. There are times when a well-qualified medical expert may cost more than the standard reimbursement rates, and at the same time, the free market can drive down the prices of services that are more commodity-like.

Do we really believe the Age of Disintermediation is possible?

Since this is the third part of our three-part series, by now, you are hopefully beginning to see the importance in maintaining a citizen’s ability to exercise his or her right inherent in the Seventh Amendment. I find this especially important when plaintiffs are trying to keep larger corporations, businesses, and individuals accountable for their actions.

Focusing on the fable of frivolous lawsuits is a sideshow to the real inefficiencies that need to be addressed in healthcare reform. A truly transparent marketplace needs to be created in order for any real change to take place. Trying to demonize plaintiffs and suppress our Seventh Amendment rights does nothing but limit the accountability of individuals and corporations, who, without these checks and balances have proven less than honorable. Trying to alter, and ultimately narrow, the scope for individuals to seek justice does not do any good for our country, or the standards and precedence we put in place moving forward.

The post Part 3 of 3: The Rising Cost of Healthcare, and How This Does (And Does Not) Affect the Issue of Tort Reform appeared first on Gain Servicing.

The media was cashing in on a situation they thought they had all understood.

You likely remember the case they were all referring to The 1994 product liability lawsuit between Stella Liebeck and McDonald’s (Liebeck v. McDonald’s Restaurants). This case became known as the hot coffee lawsuit, which consequently started a national conversation and sparked a heated debate on the topic of tort reform.

In 1992, when Stella Liebeck, a 79-year-old woman in New Mexico, ordered a coffee with her Value Meal, she never expected to land herself in the middle of a controversy.

The 2011 documentary Hot Coffee, directed by Susan Saladoff, explores the hot coffee lawsuit more closely. Saladoff herself interviews passersby on the National Mall and around D.C. about how they remember the refuted hot coffee court case. Everyone has their own opinions. Everyone, it seems, – knew the whole story.

Didn’t she spill that coffee on herself? Hadn’t she been looking for a way to make some money? Well, she shouldn’t have been driving. She spilled it on herself on purpose. She was after McDonalds. People are greedy, and they’ll do anything they can to get it.

But do these individuals really know the whole story?

Saladoff offers these same individuals photographs of Liebeck’s burns. Her groin. Her inner thigh. Burned so severely multiple layers of skin are missing.

The same people that previously had seen so sure of themselves and their recollection of the case are suddenly squeamish and misbegotten.

“Yes,” one man named Jeremy says, “if I saw injuries like that, I’d definitely take a different view of it.””

Over the years, Judy Allen, Stella Liebeck’s daughter, continued to struggle with the public’s assumption of the court case and her mother’s own experience. She says, I am just astounded at how many people are aware of this case and how many people have a distorted view of the case.”

The Facts
Stella Liebeck wasn’t driving. She was seated in the passenger seat. Her nephew, Christopher Tiano, was in the driver’s seat. The two pulled up through the McDonald’s Drive-Thru and ordered. Liebeck ordered coffee with her Value Meal. The car was parked in the McDonald’s parking lot. Christopher handed his aunt the coffee. She wanted to get the top off to put her cream and sugar in it, so she steadied the coffee between her legs. That’s when the coffee spilled onto her lap.

Liebeck never intended to become a punch line in a comedian’s joke. Nor did she want to be in the spotlight of the American media. Her hospital stays, skin graft surgeries, and physical therapy appointments left her in excruciating pain and contributed to astronomical medical expenses. Doctors, Liebeck’s children recall, weren’t sure that Liebeck would even survive.

Liebeck wanted McDonald’s to cover the medical expenses that Medicare wouldn’t cover. It seems only fair, right?

Liebeck’s family reached out to McDonald’s for help with which was a $10,000 medical bill at that time. They also requested the franchise inspect their coffee machine to see if the temperature was for some reason not calibrated correctly. McDonald’s offered a mere $800 and that was it.

Holding companies and corporations accountable is at the heart of the judicial law.
“When you are hurt by somebody or harmed in some way,” Joanne Doroshow, executive director at the Center for Justice and Democracy details, “and the person or the company that harms you is negligent or does this intentionally, you have a right to hold that wrongdoer accountable.””

The coffee in question was brewed at temperatures that would approximate the temperature in your car radiator after your drive from your home to your office. In the franchise directives and manuals for McDonald’s, the holding temperature should be 180 to 190 degrees Fahrenheit.

Dr. David Arrendondo, Liebeck’s surgeon, states, “If a liquid like coffee or water is in the range of 180 degrees or hotter, if it comes into contact with your skin for more than a few seconds, it will produce very serious burns, from first degree, second degree or full-thickness burns which require skin grafting and surgery.””

Even more upsetting, the trial revealed that Liebeck’s burn and the personal incident wasn’t an isolated event. McDonald’s had received over 700 complaints from individuals that were burned from hot beverages. Stomachs. Throats. Legs. Laps. Fingers. Ankles. Thighs. Chests. All burned. Yet, McDonald’s never took any action.

The jury took into consideration how much of the fault rested on Liebeck herself and how much blame McDonald’s needed to assume. They assigned 20 percent fault to Liebeck and 80 percent blame to McDonald’s.

The jury awarded Liebeck $160,000 in compensatory damages and $2.7 million in punitive damages.

Note: Punitive damages are very rare and have a specific purpose to change the behavior of the wrongdoer, in this case, McDonald’s. The judge reduced the punitive damages to $480,000, but in the end, Liebeck and McDonald’s settled on a confidential amount.

Why Hot Coffee Matters
This right to bring a civil case to court makes up our civil justice system, which stems from a fundamental right inherent in the United States Constitution and the Bill of Rights. Those in favor of tort reform are hoping to shrink the margin by which individuals have the power to exercise this right.

Stella Liebeck went to court for a reason.

She said, “I want you to cover what Medicare doesn’t cover, and I want you to get a better lid on this coffee so this doesn’t happen to another person.”

Those who believe that courts are plugged full of and plagued by individuals who are seeking a payout are missing a big part and the point of the story.

If there are no penalties brought to big businesses when they are negligent in their behavior, then companies and corporations will continue to move forward in a way that ignores the consumer – specifically in this case consumer safety left only to focus on the bottom line of big business profits.

Big business, in that regard, becomes a poor regulator of itself.

To help hold the companies operating within the consumer marketplace accountable, keeping rights open, available and accessible for individuals and consumers to bring civil cases to court is crucial. An individual being able to bring a company or corporation to court fosters a conversation on a slightly more equal playing field.

In the end, it’s not just about one person, one case or one verdict. Justice belongs to everyone.

George Lakoff, Professor of Neurolinguistics at the University of California at Berkeley, says it best at the end of the documentary:

Going to court to sue is not a simple procedure. You have to go through a lot of trouble to do it. Going to court to gain justice is heroic. That idea has to be out there. That when you win a case, you win it for other people as well as gaining justice for yourself.”

The post Part 2 of 3: Hot Coffee, and Understanding and Overcoming Tort Reform Claims appeared first on Gain Servicing.

First things first.

What’s so twisty about tort reform?

Tort is derived from the Latin word tortum, which means to twist. What might be twisty about tort reform? The reality and definition of tort is within its very name. In English, tort is equivalent to a wrong, so, consider tort to be conduct that is not straight or lawful.

Torts are wrongful acts that result in injury to another party’s person, property, dignity or reputation. Wherein criminal cases have people versus the defendant, for tort suits, the injured plaintiff is suing the defendant for damages they may or may not be liable for. Torts law divides most specific torts into three general categories: intentional torts, negligent torts, and strict liability torts.

Intentional torts are the causing of harm by an intentional act, such as intentionally conning someone out of his money.

Negligent torts are the causing of harm through some negligent act. Take for instance someone causing a car accident by running a red light.

And finally, strict liability torts are when a defendant is held fully liable for any injury sustained by another party regardless of whether the injury was intended. Strict liability categories include animals, abnormally dangerous acts and product liability.

Reforming Tort Reform
Across the country, tort reform is a hot-button topic, and for good reason. Legislation affecting people’s abilities to bring lawsuits to court matters. The Bill of Rights contains some of the most vital and important freedoms guaranteed to United States citizens, and according to the Bill of Right’s Seventh Amendment: In suits of common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved.

Keep in mind that when the Seventh Amendment was written in the 1700s, twenty bucks was considered to be quite a lot of money, and according to the Bureau of Labor Statistics, $20.00 in the 1700s is equivalent to about $602.72 in our economy today, but that’s not quite the information we should be stuck on. The right of trial by jury shall be preserved. This is what illuminates the Seventh Amendment. This right should be protected, inherently.

Giving people the ability to bring to light the wrongdoing of another person should be a staple and an implicit right within the fabric of our society. When you narrow people’s rights and reduce the scope further and further, eventually, these rights will be removed from individuals altogether. In a country that takes a hard stance on life, liberty, and the pursuit of happiness, as stated in the Declaration of Independence, the government should continue to protect these unalienable rights.”

Gathering Context
Let’s explore an example of a negligent tort.

Consider this:

If person A has been negligent to person B, and person B gets hurt, who should pay for that?

We believe it should be the individual who was negligent in the first place. The person who ran the red light, or the company that made the scalding hot coffee and changed a woman’s life forever, (more on this in part two of this series) was negligent. When an individual or an entity is unreasonably careless and harm is caused, the careless individual or entity should pay for whatever costs are incurred due to their actions. In the instance of person A and person B, person B should not have to pay because of the negligence of person A.

Even without going into the current state of health care in our country today (more on that in part three of this series), it is safe to say that lost wages and medical bills can add up quickly. With simply a month of lost wages or even one overnight stay in the hospital, hundreds of dollars can easily become thousands.

In tort lawsuits and cases, injured plaintiffs bringing their cases against defendants for damages may have considerable costs they are hoping to resolve. They’re going to court because they are not the one at fault and oftentimes the defendant’s insurance company has been stubbornly litigious and is unwilling to pay the plaintiff’s bills. For lawmakers who are pro-tort reform, these individuals have a fascination with dubbing tort lawsuits as frivolous cases or somehow believing they can play God and dictate the value of a human life. We do not think these are frivolous cases nor that legislative bodies have the right to pre-determine the maximum value of a human life. The expenses individuals are required to pay can dramatically affect their lives, liberty and the pursuit of their happiness.

A growing mountain of debt does not bode well for an encouraging future.
Frivolous lawsuits are a fable. Lawyers won’t take on frivolous lawsuits because, in the end, frivolous lawsuits won’t make the lawyers any money. And the injured plaintiff, if they are out of work due to an injury on the job or, as you may remember from the 1992 incident of Stella Liebeck’s coffee purchase at a McDonald’s drive-thru in Albuquerque, New Mexico, and the scalding burns she experienced on her body from the hot drink and her entailing medical needs  these individuals experience piles of medical bills on top of their current costs of living. In Liebeck’s case, the hot coffee caused third-degree burns on the pelvic region of her body and she had to undergo hospital stays, skin grafting, and extensive medical treatment. How was this 76-year-old to continue to pay her rent, her light bill, her electric bill and shop for groceries when she was shelling out money for the medical care she never intended to endure when she bought coffee one day at a drive-thru?

If medical care becomes a necessity (and a reality) for weeks, months, years, or God forbid a lifetime, well, plaintiffs can do the math. Without a doubt, costs add up quickly. They’re hoping this tort lawsuit will come out in their favor. They’re hoping the full and fair settlement they deserve will absolve the burden of weight and bills from their shoulders.

Defenders of the Seventh Amendment: Legal Funding
If you are still in need of medical care or a cash advance to pay necessary bills, at Cherokee Funding, we will pay for your medical treatment and necessary living expenses while you are out of work and recovering. We have a network of healthcare providers who can help secure your options for any variety of treatments. We help you get treatment fast and we help you get the treatment you need. This type of work we do is non-recourse, which means that Cherokee Funding’s Cash Advance and Medical Treatment programs are not loans. Rather, we pay healthcare providers to do the work that they do best and advance cash to injured plaintiffs to pay necessary living expenses. If you win a settlement from your case, you pay us back. If your case is lost, you don’t pay us at all.

At Cherokee Funding, we’re here for you. The work we do is rooted in finding you flexibility while you and your attorney do the necessary work in order to secure your full and fair settlement. We stand behind our plaintiffs because we understand that it’s not easy once you’ve been injured to keep up with the cost of living, especially when regular monthly bills, like your mortgage payment, and hefty medical bills begin piling up on not only you, but also your family.

Reach out today if there are ways that we can be of service to you and your tort suit.

Cherokee Funding
Home of the Same Day Funding
1-855-394-2274
Intake@CherokeeFunding.com
www.cherokeefunding.com

Stay tuned for part two of this three-part series where we delve into Stella Liebeck’s case, and the instance where frivolous litigation took an ugly turn on a senior citizen when she bought a cup of scalding hot coffee one day.

The post Part 1 of 3: Untangling the Twisty Nature of Tort Reform appeared first on Gain Servicing.