| Litigation costs are an undesirable but increasingly | | | | - What was his/her intention in the grocery store-just |
| necessary business expense. Multinational corporations | | | | a few things or a week's worth of shopping? |
| deal with class-action lawsuits on a regular basis. The | | | | - How long had this person been in your store prior |
| numbers do not need to be repeated here, but are | | | | to the accident |
| astronomically high. Yet, litigation impacts small | | | | Details about the accident |
| businesses even more. A 2005 study funded by the | | | | - Where did the accident occur? |
| Small Business Administration found that two-thirds of | | | | - Did the defendant realize there was a banana peel |
| small businesses paid over $10,000 in legal costs. This | | | | on the ground prior to the accident? |
| is not all. Small business owners are invested not only | | | | - Does the defendant know how the banana peel |
| financially, but also personally. Litigation may not only | | | | may have gotten there or become a hazard? |
| mean financial hardship, but also emotional hardship. | | | | - Did the defendant see someone eating a banana in |
| Insurance transcription is a service that can manage | | | | the store? |
| this risk. Documentation of the scene of the accident. | | | | Did anyone witness the accident? If so, do you have |
| Recorded statements of all plaintiffs, defendants and | | | | their name(s) and/or contact information? |
| witnesses. These forms of evidence can all be | | | | Details after the accident |
| transcribed to gather and analyze the facts of a | | | | - What happened immediately after the accident? For |
| potential lawsuit. Once armed with the facts, claims | | | | example, if fell to the floor, did they remain on the |
| can be resolved appropriately and quickly. | | | | floor? Did they call for help? |
| If a customer slips and falls in a store, recorded | | | | - Did they seek medical treatment for this accident? |
| statements should be taken to gather the facts from | | | | If so, how long after |
| all involved. Plaintiffs, defendants and witnesses all | | | | - If applicable, determine the extent of the medical |
| offer an opportunity for the business owner to | | | | treatment (one emergency room visit versus daily |
| determine the facts of the incident. These recorded | | | | physical therapy sessions) |
| statements are then transcribed into a printable | | | | - Is the defendant still suffering from the accident |
| format that can be used in the court of law. | | | | today? |
| Acquisition of the details is time-sensitive. Journalists | | | | Recorded statements may be taken in person or |
| know that gathering the facts of a breaking story | | | | over-the-phone. In both instances, ensure that your |
| should be done as quickly as possible. When a recent | | | | recording system is working properly. This includes |
| tip says that a school fire was started by a group of | | | | the optimization of volume and clarity of all |
| dropouts, journalists know they have precious little | | | | speakers-the interviewer, the interviewee(s) and the |
| time to find eye-witnesses to corroborate this | | | | attorney(s). |
| evidence. The same goes for recorded statements. | | | | These statements are designed to gather the facts. |
| Litigation specialists should seek out the facts of a | | | | The more questions a litigation specialist asks the |
| case as quickly as possible. | | | | better. The advantage of a good litigation specialist is |
| Below are some potential questions for an attorney | | | | keen insight. This is not synonymous with aggressive |
| or litigation specialist. We have chosen to use a | | | | probing. Rather, the interviewer who can gather |
| defendant who slipped and fell on a banana peel in a | | | | unique insight into the incident while ensuring the |
| grocery store as the example. Remember that the | | | | defendant feels comfortable is the ideal interviewer. |
| specifics of each case will change the line of | | | | In the second part of this series, we will talk about |
| questions asked. | | | | the importance of detail in insurance transcription. For |
| - When you begin, ensure you have the defendant's | | | | example, transcription of recorded statements should |
| express permission, as well as his/her attorney's | | | | be strict verbatim. That is, all false starts such as |
| express permission. | | | | "um" and "uh" should be included in the transcript. To |
| - Their consent to record the statement and use it in | | | | see how these false starts and filler words change |
| the court of law should be recorded immediately prior | | | | the meaning of a response, take a look at part two |
| to, and sometimes after the interview | | | | of our two-part series on "How Insurance |
| Details leading up to the accident | | | | Transcription Manages Litigation Risk. |
| - How did the defendant arrive at the grocery store | | | | |