The Roundabout: Transportation Experts Share How to Effectively Navigate From Accident to Resolution

CLM’s Transportation Community regularly gathers claims, risk, and legal experts in the transportation field to discuss trends in the industry. In this edition, moderator James Foster leads a discussion on pre-suit strategies, what to look for in independent adjusters, and how to select the best defense counsel and expert witnesses.

James Foster: In your view, do trucking cases get better with time? If not, what tactical steps do you take to settle a case early on? In your opinion, is a pre-suit mediation or a mediation early in the case an effective strategy?

Gwen Malone: No, cases get worse with time, namely due to discovery and allowing plaintiffs more time to build up their damages. Pre-suit mediation is a great way to prevent this.

Brendan Keeley: Trucking cases generally do not get better with time in our experience. After the initial investigation is completed, a pre-suit mediation can often be helpful in certain matters, especially those where it becomes clear that claimant’s counsel has client control problems. In such cases, the assistance of a solid mediator and a mediation setting can be invaluable.

Nicole Spellecy: Trucking cases do not get better with time. The longer a claim is open, the more likely the medicals bills will increase, and it’s also more likely a surgical recommendation will be obtained or surgery will occur.