August 27, 2009
 

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From: Mike Kubasak

Traversing the Minefield – Best Practice:

Reducing Risk in Funeral-Cremation Service

"This book will improve ones career and service to families. This book is required reading and addresses some of the biggest problems a professional might face. It reduces liabilities and insures high levels of professional care." Charles F. Bowman, CFSP, CFC, Owner – Bowman Funeral Business Consultants.

TAKE ADVANTAGE OF THE PUBLISHER’S STIMULUS 50% DISCOUNT AND RESERVE YOUR COPY NOW.

$49.95 Go To: www.kubasak.com  or call 702-345-3212

11 THINGS YOU ABSOLUTELY, POSITIVELY NEED TO DO WHEN YOU GET SUED:

A lawsuit is an unanticipated problem and the cost of dealing with the risk of loss – and reputation – can be monumental. While you’re handling daily operations, preparing for a viewing, setting up flowers in the chapel, handling advertising, billing, ordering and accounts receivables, in walks a process server and hands you a lawsuit. You now must make some smart decisions. The following 11 pointers are a "must do" to prevent matters from getting worse. Each pointer is thoroughly discussed in detail in Traversing the Minefield, as well as 10 Things You Must Absolutely Never Do When You Get Sued.

  1. Once served, you have been sued and the lawsuit will not go away by itself. Deal with it immediately and control your emotions.
  2. Carefully read the summons in private and record the day and time you were served. The clock is ticking, as you only have a specific number of days to respond to the allegations and lawsuit.
  3. Call your insurance carrier right away and also notify them in writing. Not reporting the lawsuit can result in a default judgment and loss of insurance coverage.
  4. Only discuss the lawsuit with your insurance company and/or the attorney retained for your defense. Do not contact opposing attorneys or the client family.
  5. Do not share the lawsuit with employees as you do not know who may also become involved in the lawsuit.
  6. Avoid communicating with the plaintiff or members of the family.
  7. Avoid any offers by plaintiff’s attorney for an "off the record" meeting. Report any such offers to your attorney and insurance carrier immediately.
  8. Retrieve the decedent’s case file and keep it in a secure location where only you have access to it and the contents within.
  9. Start a separate "correspondence" file concerning the lawsuit; handle all legal papers and mail pertaining to this matter yourself.
  10. Cooperate fully with your insurer and defense attorney. Record date and time of all discussions. Prepare to "educate" your defense counsel about funeral service and details of your case – a spirit of cooperation assures the best defense.
  11. Deal with your feelings – anger, anxiety and stress can be common. Talk to your attorney and if necessary, seek medical/mental health care.

Dealing with a lawsuit? Feel free to give me a call for any help I can offer you. MIKE

 

 

 

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Kubasak Associates

Michael W. Kubasak
Kubasak Associates
531 Calais Drive, Mesquite, NV 89027-8825
Phone: (702) 345-3212

E-Mail: mike@kubasak.com