"Pre-Litigation Incident Investigation Strategies"

In an article published in the December 2019 issue of Risk Management, Drew Timmons provides insight on strategies for effectively investigating incidents early to mitigate liability in possible litigation in the future.

No matter how big or small an incident may be, it is vital that a company provide prompt notice to their liability or workers' compensation carrier to get out in front of any problems. By failing to report even the smallest incident, the risk of denial of coverage is heightened, which can create a bigger issue if a possible claim evolves into an extended lawsuit.  Timmons explains that a good practice when notifying your insurance carrier of an incident is “to recognize that an incident could become a lawsuit filed years later, when much of the evidence is gone.”

By considering the potential for future disputes that require the production and understanding of facts and evidence, businesses will be much more mindful of key details when investigating early, and those involved will better understand the importance of preserving all available evidence and evaluating exposure from the start. Taking these preliminary steps is critical if there is a situation when a suit correspondence is sent by an attorney or claimant.

For more details on each of the initial steps business can take to better protect themselves, please read the full article here.