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When Damages are at issue in a subrogation arbitration docket…the Structure of your case plays a significant role. It is understood that Arbitration companies will create areas within their filing templates for parties to indicate ‘Damages Disputed’ or ‘Itemization’ but beyond that what can you do to foster your most productive narrative. We know about separating out key aspects  of your Evidence such as a paragraph on the Police Report or where you want to discuss your Theory. The same can be said for working within those aforementioned Damages areas of a template filing form. A party should consider ‘bolding’ the first sentence in the Damages area to ensure the Arbitrator recognizes the shift in transition from discussing liability…to now Damages. Make that first sentence very pointed about what the adverse is refuting. We talked about ‘Theme’ last week; nothing wrong with similarly incorporating a Theme into your Damages section. Use productive verbiage like we ‘challenge these reductions’.  Segment out into either paragraphs or bullet point form areas of the Damages dispute such as Estimating lines; Labor Rate differentiation; Storage days or even discrepancies with Rental days or rates. In other words; make it easy on the Arbitrator to clearly understand what within the Damages being claimed is disputed and do so within categories. Also, be careful your Evidence is consistent with similar but different terminology like Repair/Replacement. Ensure your Contentions match what your Adjusters Notes offer about the Damages. If utilizing a Vendors Review; present early in the case that you are presenting same.  Let your Damages argument gradually evolve as you lead the Arbitrator to the conclusion you seek. Be pragmatic; be practical and be persuasive

 

Case Presentation 101 is produced by Claims Resource Services; one of the nations top arbitration and subrogation services firms.  The writer Kevin Pike can be reached at kpike@claimsresource.comand has daily tips on arbitration via Twitter: @Arb2Win

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