When Does CRICO Settle and Why?

From the outset of a claim, the CRICO team and your counsel are analyzing how to best resolve your case. Some claims are dropped or dismissed prior to trial, some are defended through trial and the appeals process, and some resolve via settlement. 

There are a number of factors that go into a decision to settle. Most settlements involve cases in which the clinical care fell below the applicable standard. This is typically determined by the inability to obtain credible expert testimony that the standard of care was met. CRICO’s philosophy is to defend all cases supported by expert reviewers. However, some circumstances make cases difficult to defend even when the clinical care was appropriate. Every claim is analyzed on a case-by-case basis.

An important aspect of our philosophy is that the decision to defend a case is not an economic analysis. CRICO is committed to defending good care because we believe this position discourages the filing of frivolous claims and respects your professional reputation and standing.

If the decision is made to settle, the claims representative will work to negotiate a settlement with the plaintiff. This can be done via an informal direct negotiation with the opposing counsel or in a mediation involving a neutral third-party, typically a retired judge.

Pursuant to your policy, the decision to settle is CRICO’s. However, you will be an active participant in all of the decision making along the way.