If the liability or fault is weak or, in other words, if the accident is 100% your fault, then your claim is likely worth nothing. Let’s say the accident is half your fault and half someone else’s fault, then your case is worth 50% of the full value of your damages because of your “comparative negligence.”
Full Answer
Ultimately, how much your personal injury case is worth is a combination of these three important factors: liability, damages, and insurance. An experienced personal injury trial lawyer can estimate the true value of your claim. I fully explore any and all insurance that may be available to help compensate my clients for their losses.
Settlement Calculator 1 Confirm With a Lawyer. There are many factors that go into determining a settlement amount for a personal injury case, and this calculation is just the start. 2 Damages and The Multiplier. ... 3 More Information. ... 4 Adjust Your Settlement Target for Your Own Fault. ...
This is true for a bodily injury claim in a car accident case, a slip and fall injury claim, or any other personal injury case. A common formula employs a multiplier (explained in detail below) and your medical expenses to come up with an estimate of non-economic damages (money for your pain and suffering).
If the liability or fault is weak or, in other words, if the accident is 100% your fault, then your claim is likely worth nothing. Let’s say the accident is half your fault and half someone else’s fault, then your case is worth 50% of the full value of your damages because of your “comparative negligence.”
So, you are wondering “how much is my case worth?” Obviously, this is a very general question, therefore, our answer will be general in nature.
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The three factors you need to determine how much your personal injury case is worth are: Liability. Damages. Insurance Coverage.
How Damages Increase How Much Your Personal Injury Case is Worth: The second factor or leg affecting the value of your personal injury is the severity of damages. There are some accidents where no one gets hurt. While there are other accidents where people are severely injured or killed.
It’s important to hire an experienced accident attorney who has the financial resources to hire the necessary experts to prove the damages of your case to both the insurance company and a jury. I work quickly to help gather any evidence that may be useful to prove the fault of the accident.
The first factor is liability which is a fancy word for fault. In other words, whose fault was the accident? If you are involved in an accident that is 100% someone else’s fault, the value of your injury claim is strong and increases. If the liability or fault is weak or, in other words, if the accident is 100% your fault, ...
Because the insurance company will say since you had a problem before, and you did not go to a doctor quickly, then the accident didn’t cause the complaints: it’s just old stuff you are trying to blame on this accident. Insurance companies will say the accident didn’t make your pre-existing injury worse.
Insurance companies love when a person doesn’t go to the hospital or see a doctor right away after an accident. Because any delay in treatment creates doubt as to what really caused your injuries.
Most of all, insurance companies use recorded statements to reduce the value of your claim to save money. Be careful and consult with an experienced personal injury attorney first. Remember, they want to destroy how much your personal injury case is worth.
In a personal injury or car accident case, the amount of money that you may be entitled to collect varies greatly. It can be based on several factors, including but not limited to:
What’s great about this model is that you’re able to hire us without worrying about paying us an hourly rate. We’ve serviced clients from all walks of life and if we don’t win, you won’t owe us a penny.
In a car accident case where the plaintiff had $12,000 in past medical bills and $3,000 in future medical bills, the jury agreed with the defense and only awarded $8,180. The problem is the plaintiff had already settled with the liability policy for $25,000. In order to get any more money from State Farm, the uninsured motorist carrier, she would have had to obtain a verdict over $25,000. This is a foolish exercise on a case like that and the lawyer should have advised the client as such because there is no pressure on the uninsured motorist insurer.
People believe that the insurance companies will pay them a tidy sum for a minor injury just to avoid litigation costs. People believe that the value of their case is mathematically determined to be two or three times their medical bills. People believe there is compensation for the hassle and annoyance factor.
In a case where the defendant admitted causing the crash, the plaintiff claimed back, neck and knee injuries. The defense claimed that there was a delay in the onset of the knee complaints and that there had been prior knee complaints 2 years before the crash. The plaintiff’s treating Doctor, James Chappius did the surgery and apparently testified that the crash caused it and that the patient would not have known it immediately. Given the fact that Dr. Chappius is frequently seen to testify in injury cases, it is likely that State Farm (the defendant’s insurer doubted the jury would believe the testimony). The jury did, however, and on $46,000 in bills returned a verdict for $76,000 for the Plaintiff.
The Plaintiff was rear-ended on I-285 and claimed a back injury. She incurred $12,000 in medical bills from physical therapy and pain injections over the course of the year. The at-fault driver’s insurer tendered their $30,000 policy (which is pretty good all things considered). Here is where either the Plaintiff and her lawyers screwed up. The next level of coverage was the Underinsured Motorist insurance for the accident. The Plaintiff wanted more than the $30,000 paid and took the case to trial to get it. The jury only awarded the medicals of $12,000, meaning the entire trial was a total waste of time. Pigs get fat, hogs get slaughtered.
Allstate settled a case with $9,000 in chiropractic care for $22,000, likely because the case was in DeKalb County and there was a large amount of property damage in the car accident. Even though the Plaintiff had pre-existing injuries, Allstate paid a decent amount, reflecting their view that a high-impact crash has to be respected.
A driver got greedy and overreached on her case. A car pulled out from a gas station in front of the plaintiff and a crash ensued. The defendant had a $50,000 policy. The plaintiff went to the hospital and presented with an enlarged kidney and general pain. She followed up with a chiropractor and eventually an orthopedist to treat supraspinatus outlet syndrome.
Mike Cherof took a typical Ken Nugent case to trial in DeKalb County in June 2014 with $5, 858 in ER, chiropractic and orthopedic care. Mike has been around a long time and wisely demand $8,000. Unfortunately, he was dealing with United Auto, one of the cheapest insurance carriers in Georgia so their offer was $6,000. The case was tried and resulted in a verdict of $7858, which represents the medical bills and about $2,000 in pain and suffering.