What Carriers Actually Need from Defense Counsel

We've handled enough files to know what adjusters and supervisors actually value — and what they don't. This is what we deliver on every file.

1. An Honest Initial Evaluation

Within 30 days of assignment, you get a case evaluation that tells you the truth: is this a § 240 case where liability is virtually certain and the file is about damages? Or is there a genuine threshold defense — sole proximate cause, inapplicability, homeowner exemption — that justifies motion practice? Many files are defensible. Some aren't. You need counsel who tells you which is which before you spend $50,000 on discovery.

The initial evaluation includes: statutory analysis (§ 240/241(6)/200 exposure for each), tender/additional insured analysis, preliminary damages assessment, recommended defense strategy, and an estimated budget through summary judgment.

2. Aggressive but Targeted Discovery

The plaintiff's deposition in a Labor Law case is the most important discovery event. We prepare for it like a cross-examination, not a conversation. Every question is designed to develop sole proximate cause, challenge the statutory applicability, or establish comparative fault for § 241(6). We also depose the site superintendent, the plaintiff's foreman, and any coworkers with knowledge — because the site testimony is where the defense narrative comes together.

Document discovery is targeted: the safety plan (OSHA requirements, subcontractor safety obligations), the subcontract chain (for tender and indemnification), project dailies (who was on site doing what when), and incident reports (what the GC knew immediately after the accident). We don't send form demands. Every discovery request is tailored to the defense theory for that file.

3. Motion Practice That Resolves Files

Summary judgment is the exit point in Labor Law defense. If the threshold defense is there, we move for summary judgment on the § 240 claim (sole proximate cause, inapplicability, homeowner exemption), move to dismiss non-specific Industrial Code sections under § 241(6), and move for dismissal of § 200 on the appropriate track. When motions succeed, files close. When they don't, they define the settlement posture.

We also handle cross-motions — because plaintiff's counsel in Labor Law cases almost always moves for summary judgment on § 240 liability. The defense opposition brief must be airtight. Losing a § 240 summary judgment motion doesn't just establish liability — it takes the most important question in the case away from the jury and guarantees a damages-only trial.

4. Compliant Reporting & Budget Discipline

We report according to your litigation guidelines — initial evaluation, status reports on your schedule, budget updates when the scope changes, and pre-approval for activities above your thresholds. No surprises. We bill in accordance with your rate structure and billing guidelines, and we respond to audits promptly. This should not need to be said, but it apparently does.