Trying 2 cases at once – Hybrid UIM/BF trial – Matt Nakajima & Kyle Salyer
June 23 @ 10:30 AM - 1:30 PM PDT
Judy Alcorn hurt her shoulder in a minor impact crash in Ohio. Though there was not much visible property damage, Judy had to have two surgeries. Because of her injuries, State Farm quickly paid its $100,000 limits to settle the BI claim with Judy, but her insurer refused to acknowledge the full value of her claim and only offered $2,000 to settle the underinsured portion. Feeling that Judy was being lowballed, Matt Nakajima filed a bad faith claim along with her UIM claim. In Ohio, the same jury can hear the bad faith claim immediately after the UIM verdict. Judy’s case was tried in a conservative venue in Ohio with Matt taking the lead on the underlying UIM claim and Kyle handling the bad faith delay/lowball offer claim. Matt was getting sick leading up to trial and after picking the jury, opening and putting on one witness, he could not speak. Matt already had all of the medical proof on video. Kyle knew a little bit about the underlying case and, with virtually no prep time, was able to put on a few lay witnesses and close. The jury came back with a unanimous $600,000 verdict for the injury claim. This was well in excess of the set off for the liability limits and her $250,000 limits. After a 10 minute break, the bad faith portion of openings started. After three witnesses the case settled the evening after the first day of the bad faith trial.
What you will learn during this webinar:Trying 2 cases at once – Hybrid UIM/BF trial – Matt Nakajima & Kyle Salyer
- Building a file pre-suit;
- Determining how to negotiate and when not to negotiate on a case;
- How to handle cases where there is not a lot of visible property damage;
- When to waive economic damages;
- Final steps leading up to trial;
- Jury selection with time limits;
- Decisions to strike favorable jurors;
- Dividing duties in the trial team;
- Joint venturing cases with good lawyers you like;
- How to have a file in order when bringing in another lawyer;
- Putting out fires during trial;
- Situational awareness – Monitoring the audience for new people when proof is coming in well.