Your claims professional will review your policy and a thorough investigation will be conducted to determine the proper handling of your claim.
For Dental Business or Professional Liability claims, this may include gathering details pertaining to the loss, including the location of the damage or occurrence, interviews with witnesses or affected parties, and photos or documents such as receipts and estimates for repair where damage to property of others has occurred. Notes are taken about occurrence, property damage or injury. Specifics and factors such as weather, possible prior incidents, lease provisions and property management are determined for evaluation.
For Professional Liability claims and litigation, we will retain and consult with appropriately qualified experienced experts to assist us in the defense of any claim and to help us indemnify any potential defense weaknesses and prepare for them.
Where litigation is involved, your professional will partner with defense counsel to assess the benefits and risks of the pending litigation. Some important considerations include:
Pre-litigation actions:
- Contacting the other side
- Researching information for investigation
- Attempting to resolve the claim through negotiation or denial
- Assigning defense counsel
Litigation steps can include:
- Filing a responsive pleading to a lawsuit
- Strategy discussion between you, your TDIC claims professional and defense counsel
- Seeking early resolution to the lawsuit via motions with the court or agreement of the plaintiff.
- Going through the discovery process
Trial in the appropriate court:
- Small claims court, for which most states don’t allow attorneys in court
- Municipal Court for claims less than $25,000 and limited discovery
- Superior Court for claims more than $25,000
Evaluating best outcome strategies:
- Your claims professional will consider all the facts, determine the cause of the incident or occurrence giving rise to the litigation or claim and handle the claim accordingly. We are always
willing to re-examine our decisions if new information becomes available.
- For Professional Liability claims and litigation, your TDIC policy specifically provides that no settlement can be considered by TDIC without your fully informed written consent.