Every day, lawyers and insurance adjusters settle injury cases. But how do they determine what the case is worth? How can anyone put a dollar value on pain and suffering, the loss of a person’s capacity, or the loss of a loved one? The answers to these questions are not simple. There is no mathematical formula that anyone can use to calculate the value of an injury case. It is an art, not a science.
The Insurance Company Will Only Pay You What They Have To
Insurance companies don’t pay money out of the goodness of their hearts. They only pay when it is in their financial interest to pay. You may ask: “When would it ever be in an insurance company’s financial interest to pay a fair value for a claim?” The answer is always the same: “Insurance companies pay only when they believe that they will end up paying more if they do not settle out of court.” Ultimately, a case’s value is determined by a candid answer to the following question: “What would a jury likely award if this case actually went to trial?”
Of course, nobody knows ahead of time exactly what a jury will do in any given case. However, those of us who have been doing this for a long time know that there are important considerations that determine the likelihood of winning and losing any personal injury case, and there are other important factors that determine the amount awarded by a jury.
The factors and considerations that determine the outcome of a potential jury trial are the same factors and considerations that determine the out-of-court settlement value of a case. This may seem like a fairly obvious point, but you might be surprised how many people fail to look at their case through the eyes of a typical jury, and those who do not never learn the true value of their case.
Your Comprehensive Guide to Determining the Potential Value of Your Personal Injury or Accident Claim
Below, we have outlined many of the important issues that lawyers and insurance companies consider when they determine the value of an injury case. Some of them are the things you might expect—such as determining who was at fault and calculating the amount of the total medical bills—but other considerations are less obvious. Hopefully, by familiarizing yourself with the conscious and sub-conscious influences that determine how juries decide cases, you will be better equipped to do the things that will build your case, and you will be better prepared to decide whether or not you should accept a settlement offer from an insurance company.
Here Are 15 Factors Lawyers and Adjusters Consider When Valuing a Case…
- Is the injured victim the kind of person who will relate well to a jury?
- How strong is the evidence that the other side was at fault in causing the accident?
- Can the other side catch you exaggerating or lying?
- Was there major or minor damage to the vehicles?
- Was there a gap in time between the accident and medical treatment?
- What kind of doctor provided your medical treatment?
- Are your injuries diagnosed objectively or subjectively?
- How large are your medical bills?
- Will you have future medical expenses? Can we prove how much?
- Will you fully recover from your injuries?
- Can you show that you suffered real mental anguish, stress, and life disruption because of the accident?
- How much did you lose in lost wages?
- Will the jury respect and trust your lawyer?
- Is your lawyer willing to take your case to trial?
- How much insurance coverage does the other side have?