How Much is Your Case Worth?

How Much is Your Case Worth?

Accident Attorney Florida - How Much is Your Case Worth?

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Evaluating personal injury claims is a tricky business. In the past six years my firm, CapTran, has underwritten 10,000 requests for pre-settlement advances by plaintiffs. We have never had anyone tell us that their case was not a "slam dunk" or that they were not going to get a great settlement. We are all the time told the assurance firm is going to settle swiftly because their case and/or attorney are so good.

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Accident Attorney Florida

Our taste tells us - baloney!

Unrealistic expectations in personal injury law are a formula for distinct disappointment. Rarely do even slam-dunk cases get placed swiftly for large amounts. Quite the opposite, slam-dunk cases normally involve serious injuries that need a long time to treat. Settlements are rarely reached prior to the victim achieving maximum medical improvement.

Hubris aside, everyone wants to know the real value of their case. Unfortunately, accident victims are often beset with self-appointed experts replete with stories and anecdotal evidence of huge jury awards. They know person who knows person who got a huge village for a back strain or "whiplash". These influences do nothing but confuse the issue and most of the time has nothing to do with reality.

The truth is that, with the exception of the horrific paralyzing or disfiguring injury, most accident damage awards fall within a very predictable range. The National transportation safety Board reports that 3 million citizen are injured in motor car accidents each year and assurance associates pay out nearly Billion in corporal injury claims annually. The assurance investigate Council conducts a observe of auto claims every five years. The survey's participant's account for about two out of every three claims paid in the United States. In short, there is an great number of data available to assurance associates regarding every conceivable type of injury and the number paid to settle the claim.

Facts to consider

1. The average number paid for a corporal injury claim is less than ,000.

2. The number paid varies widely by state.

3. Insurance associates are very wary of chiropractic treatment, especially if it is the only treatment.

4. Insurance associates are very wary of inordinate corporal therapy treatment.

If your attorney is experienced in personal injury cases he or she will know the range of values and the claiming behavior of assurance adjusters in your area. Our taste is that attorneys are prone to overestimate the value of your case rather than underestimate it. We urge you to listen to your attorney's guidance regarding claim value because it is unlikely that they will overestimate its worth. If you attorney is not experienced in Pi cases - well, get other attorney.

That having been said, we offer the following thoughts that come from our experience. We have microscopic our comments to the most tasteless type of case - motor car accidents.

Factors to Consider

There are a great many factors that impact on the inherent value of you claim. In order to settle whether (and how much) to invest in your case, CapTran® uses these factors or case attributes, to calculate the value of a case. In normal we look at the following case attributes:

1. The event

2. Liability

3. Ability to pay

4. Damages

5. "Quality" of the Defendant

6. "Quality" of the Plaintiff - you!

1. The Event

What de facto happened? Not what you think happened, or even what you know happened but rather, what can be verified or proven.

o If the police did not arrive at the scene it will be more difficult for you to prove anything.

o If you received a ticket you will have a difficult time collecting full value for your case (in contributory negligence states you may collect nothing!)

o If the defendant received a ticket, his or her assurance carrier is more likely to facilely admit liability.

o If the accident happened in a manner that is de facto not your fault and/or demonstrates recklessness on the part of the defendant, the assurance carrier is more likely to exertion to settle.

o Where there witnesses unrelated to you and not in your car present? If so, defendant's assurance carrier is more likely to facilely admit liability.

o Did the other driver admit liability at the scene? If so, defendant's assurance carrier is more likely to facilely admit liability.

o Did you take pictures of the car at the scene or later?

o Was your car thoughprovoking or stopped? If lawfully stopped it is very unlikely that you will be deemed to have contributed to the accident and the defendant's assurance carrier is more likely to admit liability.

2. Liability

The certainty of liability or the availability of a defense will impact the level of enthusiasm the assurance carrier has to settle your case. If there appears to be a valid defense available, even if not perfect, the value of a village offer will suffer. If the injuries are minor, the only thing the assurance firm has to lose is the price of trying the case.

3. Ability to Pay

Regardless of your damages, person has to have the potential to pay in order for you to collect. The availability of assurance or a financially strong defendant is indispensable to the potential to accomplish financial redress for your injuries.

Amount of assurance coverage. assurance policies have limits on the number they will pay per accident victim as well as per accident. If you are one of any citizen injured in an accident you will have to share the coverage with the other claimants. For example, if a policy has a "per accident" cap of 0,000 and five citizen are injured each with a claim worth of ,000 (for a total of 0,000) there will not be adequate to cover all claims.

Self Insurance. Many large associates self-insure meaning that instead of paying premises to an assurance company, they set aside distinct monies each year to form an assurance sustain to deal with hereafter claims. Many times the firm will de facto have its own so-called captive assurance company.

4. Damages

Severity of impact. This is tasteless sense. If your car has a sustained microscopic damage the assurance adjuster will know that a jury is likely to discontinue that no one could have been seriously injured in such a "fender bender". On the other hand, they will not want to go up against an attorney that can hold up a picture of your severely demolished car telling the jury "why, my client is lucky to be alive!"

When you received treatment. If you went to the accident in an ambulance that is great than if you went to the accident room two days later (especially if you went to your attorney first).

Soft tissue injuries versus broken bones. Most minor accidents involve what used to be called "whiplash" but are now referred to as cervical strain or sprain. A broken bone is easy to prove and easy for juries to understand. With soft tissue injuries, it is difficult for juries to cut off good claims from fraudulent ones. assurance adjusters know that juries will not award large amounts for soft tissue injuries.

If you have a broken bone, especially if it is a weight-bearing bone, you have an injury that can be verified by indisputable evidence such as x-rays.

Amount of your medical bills. While "meds" are a very indispensable (often the most significant) factor in determining case value, there is no straightforward formula to use in determining case value. Forget the junk about "3 times meds" or "3 times specials". assurance investigate Council observe data reveals that corporal injury claims cannot be estimated in such a straightforward fashion. Values vary widely from state to state and the type of meds is very important. Some rules of thumb are:

1. "Treating" expenses carry more weight with assurance adjusters than diagnostic expenses. It matters microscopic that you decided to have an costly Mri or Cat Scan.

2. Chiropractic expenses are severely discounted by assurance adjusters (and ignored by us).

3. Excessive visits to the corporal therapist are not only discounted by adjusters but along with chiropractic bills also raise a red flag for what is called "build-up".

Medical providers that treated you. assurance adjusters look for treatment by medical specialists that indicate clear-cut injuries related with vehicular impact. If you are only treated by the Er doctor and possibly your family doctor it will not carry as much weight as if you were treated by an Orthopedic Surgeon or a Neurologist.

Documentation of your injury. Failure to go for medical treatment, or large gaps of time in the middle of treatments, are red flags for assurance adjusters. Inadequate documentation will not pass muster with assurance adjusters.

5. potential of the Defendant

Appearance matters in court. Every adjuster knows that a sympathetic defendant is less likely to suffer large verdicts. The inverse is, of course, true as well. The kind of evidence, especially prior acts that can be presented in court varies from state to state but defendants must be wary that adverse evidence regarding the plaintiff will see its way into the jury room.

6. potential of Plaintiff - You!

We have had any good cases lost because the jury simply didn't like the plaintiff. If you appear too strident or are overly aggressive, combatant or belligerent, a jury will find a way to punish you for your behavior.

If you have had any minor accidents a jury may discontinue that you are a scam artist.

Above all else, try to be realistic in your assessment of your claim. The object of the tort law is to compensate you for your damages not to unreasonably enrich you. Be sensible and reasonable and you will improve your chances for a flourishing outcome. Good luck!

This narrative is intended for information only and should not be construed as legal advice. You should consult your own attorney for legal advice.

©Copyright Capital Transaction Group Inc

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