In litigation support and investigation what are your essential requirements? Securing and extracting admissible evidence, early technical evaluation on causation, an understanding of legal issues and process, quantum review and evaluation tied to heads of claim and of course expert advisor and expert witness services. You might also want down-to-earth, practical negotiation and settlement skills and commercial acumen.
How this is delivered to you is important and for best results you will want this “support” to be a seamless part of your team wherever possible, working under conditions of privilege.
At Adjusting Solutions we are familiar with working with the legal fraternity and understand the considerations and timescales of the Court and case management which lead to optimum litigation or defence performance.
With this in mind we undertake the following services:
Expert Witness - To provide expert written and oral explanation and opinion on Insurance underwriting practice, risk analysis and management, policy wordings, claims handling and disputes, and subrogation. Our analysis will include reporting on quantum aspects where appropriate and give due consideration to the courts’ requirements for impartiality and assistance in resolving the issues.
Expert Advisor - To provide early first hand advice and strategy on insurance legal, technical, claims or underwriting matters or commercial disputes that have insurance implications. We can take the “Devil’s Advocate” role to test veracity of any defence and also evaluate opposing experts’ reports.
Causation Investigation and Evaluation – Investigation and examination of proximate and contributing causes through inspection, technical analysis, interview and document research (including, where appropriate, IT systems). Thereafter we can collate and evaluate the evidence in context, which would ultimately determine liability.
Quantum Extraction and Analysis - Data extraction and assimilation that will give financial context to any claim. Directed analysis of financial aspects identified to heads of claim and that will assist in evaluating the “but for” scenario and resultant level of liability in any presumed circumstance.
Negotiation and Settlement – Taking the financial analysis one step further into actual negotiations is a natural step Adjusting Solutions. We utilise soft and technical skills together with our experience in a range of dispute resolutions to promote and broker settlements which give appropriate regard to the complexities of the dispute and positions of the parties. We seek, where possible, to bring finality and enable all parties to focus once again on their business activities.
