ABUSE CLAIMS
Claims Handling
Burnett Risk Control provides sexual abuse claims handling services that prioritize expedited, compassionate and cost-effective claim resolution. We provide professional, data-driven sexual abuse claim valuations that inform the cost-benefit analysis of ongoing defense and decisions about settlement or other forms of claim resolution. In strategic partnerships with professional legal and investigatory enterprises, we are able to develop well-investigated and well-informed assessments of such claims and to complete due diligence. Insurers, attorneys and other stakeholders have confidence that we are quickly and cost-effectively helping to establish the best possible resolution to sexual abuse claims.
"Often, the best and most cost-effective and compassionate end to a sexual abuse claim includes fair and just monetary compensation. A fair settlement must reflect proper claim valuation."
Compassionate Resolution
The best resolution of a sexual abuse claims combines compassion and data analytics. Our professional assessment of the value of a claim is based on metrics. Beyond accurate valuation, however, how a claim is resolved can be as important as the settlement value. Compassionate resolution of sexual abuse claims requires authentic, empathetic, intuitive engagement with abuse survivors.
Michael Burnett has a long history of successful engagement with abuse victims that has resulted in the resolution of countless claims. This invaluable experience has often been transformative. Effective claims handling and claim resolution engages survivors and respects their dignity. These are among the most important elements of proper handling and resolution of sexual abuse claims. When stakeholders commit themselves to honoring the humanity and dignity of survivors, the claim resolution process is smoother and more positive, and maximizes the potential for healing.
Sexual abuse survivors must feel respected and heard. If they are not treated as adversaries, sexual abuse survivors have much to teach us about sexual abuse, effective prevention mechanisms, proper claims handling and healing. Michael Burnett attempts, wherever possible, to collaborate with abuse survivors as partners in the effort to resolve their claims, effect healing and prevent future tragedies.
The Valuation Process
One of the distinguishing characteristics of Burnett Risk Control International’s process is that it utilizes professional sexual abuse claim valuation techniques. Early, accurate and nuanced claim valuation is a critical component of efficient resolution of sexual misconduct claims. The Burnett Database employs hundreds of thousands of data points found in tens of thousands of sexual abuse claims, settlements and verdicts, both public and confidential.
We assimilate numerous claim factors as compared to other similar claims, that render a claim unique from or similar to other claims and measure the projected impact on their attendant values. In addition, we assess the various available legal theories, causes of action, available defenses, regional and jurisdictional influences, cultural and historical factors, unique experiences and myriad other data points. We apply metrics and analytics to arrive at data-driven and supportable claim valuations that reflect all of these variables.
With accurate, supportable claim values, attorneys are better able to budget. Accurate claim valuations can be critical in attaining appropriate insurance coverage for claims. Also, a fair settlement plays a significant role in the expedited resolution of a claim. When claimants are informed and understand the data and theories behind claim valuations, they feel confident that they have been treated fairly and justly. All parties benefit from accurate valuations, and a respectful, compassionate, fair process.
"RAD" -- Resolution to Avoid Dispute
There must be attention to compassionate claims handling designed, in large part, to achieve the greatest measure of healing possible. Church needs to act as "church." Charities must heed their missions and charitable spirit. With this in mind, proponents of Alternative Dispute Resolution (ADR) utilize it as a cost-effective method to resolve disputed claims. However, Alternative Dispute Resolution presumes the existence of a dispute. It need not. ADR typically is premised upon the existence or expectation of discord. Under this model of ADR, healing and reconciliation are rarely achieved, even when the process produces a monetary settlement and an apology.
Burnett Risk Control International seeks to engage in “RAD,” a “Resolution to Avoid Dispute.” Sexual abuse and the resultant pain and suffering do not mean that there need be a dispute between the abuse survivor and the institution that employed the offender, especially if the perpetrator was a previously unknown risk. RAD involves pastoral outreach, especially in emotionally-charged sexual misconduct claims, even if the claim is in litigation. Investigation and due diligence must always be undertaken, but RAD should occur as soon as possible. Empathy, compassion, kindness, sincerity, accountability and responsibility must be hallmarks of the RAD process. Experience demonstrates that RAD is the most compassionate and most cost-effective form of expedited claim resolution. In addition, it carries the greatest possibility of facilitating healing.