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An
LFMG Case Consideration Questionnaire
is
is submitted at our website,
by the Claimant. LFMG's
Intake Administrator will
review the information and
determine if the case meets
the established criteria for
LFMG consideration at the
next step. If the case meets
LFMG's preliminary
evaluation standards, the
Claimant will be asked to
provide additional
documents/information
through his/her attorney and
to have that attorney (or a
Submitting Attorney listed
on the LFMG website)
formally submit the case for
consideration.
To move to the next stage of
consideration, a case must
meet minimal criteria, such
as the nature of the case,
i.e., commercial versus
general negligence, the
amount of damages and
possible defenses. To the
extent the damages do not
reasonably appear to exceed
its minimum threshold, the
liability is questionable,
or there appears to be a
viable defense (such as a
statute of limitations), the
matter will be rejected. A
letter will be sent to the
Claimant informing him/her
of LFMG's decision. |
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In the event it appears
that the case may meet
LFMG's selection
criteria, the Claimant
is informed that
additional material is
needed and that LFMG
will only accept
submissions from an
attorney before the
matter can be reviewed.
Submission at this stage
must be made by an
attorney familiar with
the LFMG program (a
list of attorneys is
available on this site).
Upon receipt of a formal
submission by the
Claimant's attorney,
LFMG's counsel will
contact the Claimant's
attorney to request a
narrative of the case
and any additional
documents/records/supporting
information necessary
for review at this
stage. Upon receipt of
the requested material,
the matter is then
reviewed by counsel and
if he or she concludes
that the case may meet
LFMG's preliminary
criteria as to the
nature of the case, the
projected damages, and
will likely withstand
any potential defenses,
the case will move to
the next step of
consideration.
Before moving to the
next stage of
consideration, the
Submitting Attorney will
be advised of the
management, financing
and compensation plans
("the plans"). The
attorney and his/her
client will be required
not to disclose any
proprietary portion of
the plan to any other
person, firm or entity.
A proposed agreement
with the Claimant will
be sent to the attorney.
The agreement must be
executed and returned by
the Claimant before
review of the matter.
LFMG will not be bound
by the terms of the
agreement unless the
Independent Case
Selection Review Panel
and LFMG approve the
matter for inclusion in
our portfolio of cases.
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Once all agreements have
been executed and returned
by the Claimant and the
Claimant has been notified
that the case may meet
LFMG's criteria, the case is
reviewed by our Senior
Analyst who has nearly 30
years of experience in
litigation. A personal
interview will be conducted
with the Claimant. Our
Senior Analyst will solicit
any additional information
necessary to properly and
thoroughly investigate both
liability and damages and,
if necessary, consult with
appropriate experts relevant
to the case's subject
matter. If the case is
approved for the final step
of LFMG consideration, our
Senior Analyst will
incorporate his opinion in a
memorandum evaluating the
likelihood of establishing
liability and the extent of
damages and will submit such
opinion. |
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The LFMG Independent
Case Selection Review
Panel will conduct a
comprehensive review of
the case. LFMG will only
select cases which,
after thoughtful
consideration by its
consultants and the
Independent Case
Selection Review Panel,
appear to have a high
probability of success
before a judge or jury,
or of settling and with
provable damages that
meet LFMG's financial
criteria.
Criteria utilized by the
Independent Case
Selection Review panel
for case consideration
includes the financial
viability of the
prospective defendant,
i.e., insurance company
or other deep-pocketed
institution, the
likelihood of
settlement, the
viability of expected
defenses, the potential
effect of a cross
complaint and
significantly, the
jurisdiction in which
the cases would be
sited. Emphasis will be
placed on jurisdictions,
like California, where
the law requires a trial
within two (2) years of
filing the complaint. To
the extent the agreement
between the Claimants
and prospective
defendants requires
mandatory arbitration or
appraisal, the time
period will also be
considered.
LFMG will notify the
attorney for the
Claimant that it has
elected to accept the
case, if such approval
has been obtained, in
which event all terms of
the agreements will be
applicable. If the case
has not been approved,
the attorney for the
Claimant will be
notified that his /her
client will no longer be
bound by the terms of
the agreements other
than provisions relating
to reimbursement of
review and evaluation
costs if the Claimant
chooses to select
his/her counsel rather
than counsel recommended
by Case Management
Referral Services, LLC,
a company with which
LFMG has an arrangement
for referral of non
accepted but meritorious
cases.
If a
meritorious case is not
selected after review
and evaluation, LFMG
will recommend counsel
who will take such cases
on a contingency fee
basis. While a case may
not meet LFMG's strict
requirements for
acceptance, it may still
have substantial merit.
The Claimant will not be
obliged to pay for any
expenses incurred in
reviewing or evaluating
the case. These costs
will be the
responsibility of the
recommended firm.
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| Once a case is selected by the Independent Case Selection Review Panel, LFMG's on-going commitment includes: |
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Managing and overseeing the case to its conclusion, drawing on its own consultants' experience and involvement in litigation and law-office management to maximize the likelihood of success while minimizing costs all along the way, |
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Monitoring the case, attorneys' activities and billings - providing expert oversight to ensure the greatest return for LFMG and the aggrieved party and |
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Participating in all settlement negotiations plus the management, supervision and distribution of settlement proceeds among participants. |
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© 2006-2004 LawFund Management Group, LLC.
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