How Much Is Your Case Worth?

Evaluating personal injury claims is a tricky business. In the last six years my firm CapTran has 10,000 applications for pre-settlement advances completed by plaintiffs. We've never had anyone tell us that her case will receive a "slam dunk" or that they did not want to make a substantial settlement. We are always told that the insurance will be solved quickly, because their cause and / or lawyer are so good.

Our experience tells us - Rubbish!

UnrealisticExpectations of personal injury law is a recipe for certain disappointment. Rarely, the slam-dunk cases, you come quickly settled for large amounts. On the contrary, slam-dunk cases usually require serious injuries that a long time for treatment. Settlements are rarely reached maximum medical improvement before the victim.

Hubris aside, everyone wants to know the real value of their case. Unfortunately, the victims are often plagued by self-appointed experts to fullyawards with stories and anecdotes, evidence of huge jury. Do you know someone who knows someone who was a great solution for a back strain or whiplash. These influences do nothing else, the theme and most of the time has nothing to do with reality.

The truth is that with the exception of the terrible paralysis or disfiguring injuries, falls, most accident claims rates within a very predictable range. The National Transportation Safety Board reported that 3 million peopleinjured in motor accidents per year and insurance companies to pay nearly 20 billion U.S. dollars bodily injury per year. The Insurance Research Council, a survey every five years of auto claims. The survey participants represent approximately two out of three claims paid in the United States. In short, there is an enormous amount of data available to pay the insurance on every conceivable type of injury and the amount paid to the claim.

Factscheck

1. The average amount for a personal injury claim is paid less than $ 10,000.

2. The amount paid varies by state.

3. Insurance companies are very careful with chiropractic, especially when the only treatment.

4. Insurance companies are very wary of excessive physical therapy treatment.

If your attorney is experienced in personal injury cases, he or she knows, the range of values and behavior, the use of insurance adjuster in your area.Our experience is that lawyers tend to overestimate the value of your case than to underestimate. We encourage you to consult with your attorney to hear the assertion of the value because it is unlikely that their value is overstated. If you do not have a lawyer experienced in PI cases - well, another attorney.

That having been said, we offer the following thoughts that come from our experience. We have limited our comments to the most common form of the case - theirAccidents.

Factors to consider

There are a variety of factors that impact on the potential value of their request. To determine whether (and how much to invest) in your case, CapTran ® uses these factors, or case attributes to the value of a thing to calculate. In general, we consider the following case characteristics:

1. The event

2. Liability

3. Solvency

4. Damages

5. "Quality" of the defendant

6. "Quality" of the claimant --you!

1. The Event

What actually happened? Do not think what will happen, or even what will happen, but know what can be verified or proven asked.

• If the police will not arrive at the scene to prove it more difficult for you something.

• If you have a ticket you get a difficult time, the full value of your case (in contributory negligence states, you can have nothing to collect!)

• If the defendant will receive a ticket, his or her insuranceInstitution is more readily admit liability.

• If the accident happened in a way that is unquestionably not your fault and / or show recklessness on the part of the defendant's insurance carrier is more likely to try to settle down.

• Where there is independent evidence for you and not available in your vehicle? If so, is the defendant insurance carriers more easily admit liability.

• Have to admit the other drivers, liability at the scene? If so,Defendants admit liability insurance carriers more easily.

• Do you have pictures of the car at the scene or later?

• Was the car is moving or stopped? If legally it is considered highly unlikely that you will be assumed that contributed to the accident and the defendant insurance carriers to allow more liability.

2. Liability

The safety, liability, or the availability of the defense will have an impact on the level of enthusiasm of the insurance --Carrier has to settle your case. If it seems to be a valid defense available to, although not perfect, the value of offering a solution will suffer. If the injuries are minor, is the only thing that could lose the insurance on the cost of trying the case.

3. Ability to Pay

Regardless of your injury, someone has to have the ability to pay to collect it for you. The availability of insurance or a financially strong is critical for the defendant's financial ability toCompensation for your injuries.

Amount of insurance coverage. Insurance companies have limits on the funds they pay for each victim and per accident. Are you one of several people injured in an accident, you have to share the cover with the other claimants to. For example, if a policy has a "are injured per accident cap of $ 100,000 and five people each with a claim worth $ 50,000 (for a total of $ 250,000), it is not sufficient to cover all claims.

EvenInsurance. Many large companies self-insure means that instead of buying premises to an insurance company, they set aside certain funds each year to establish an insurance reserve for future claims under control. Often the company will actually own the so-called captive insurance company.

4. Damages

Severity of impact. This is common sense. If your car has sustained little damage, the Insurance Adjuster know that a jury is likely to conclude that no one would haveseriously injured in such a "fender bender". On the other hand, they are not going to hold up against a lawyer to say that a picture of your vehicle, pulled down hard, the jury, "why is my client is lucky to be alive!"

If you were in treatment. If you are in the emergency room in an ambulance, which is better than if you went to the emergency room two days later (especially if you went to your lawyer first).

Broken bone versus soft tissue injuries. Mostinvolved in minor accidents, which was formerly known as "whiplash," but are now referred to as a neck strain or sprain. A broken bone is easy to prove and easy for juries to understand. With soft tissue injuries, it is difficult for the jury to separate good from which to fraudulent claims. Insurance adjusters know that juries will not award large amounts of soft tissue injuries.

If you have a broken bone, especially if it is a burden on bones, you have an injury that can be verified byincontrovertible evidence, such as X-rays.

Amount of your medical bills. While "meds" a very important (and often the most important) factor in determining case value, there is no simple formula for determining case value used. Forget the junk about "3 times meds" or "3 times specials". Insurance Research Council survey reveals that the data is personal injury claims are not so simple way to be estimated. Values vary from state to state and type of drugs is veryimportant. Some rules of thumb are:

1. "Treatment" costs more weight with insurance adjusters as a diagnostic costs. It is irrelevant that you have decided to buy an expensive MRI or CT scan.

2. Chiropractic treatment costs are high (by the insurance adjusters and discounted by us) ignored.

3. Excessive visits to physical therapists are not only adjusting but discounted with the chiropractic bills and a red flag, which means"Build up".

Medical providers who treat you. Insurance adjusters seek treatment from doctors who say they clear violations associated with vehicular traffic impacts. If you only by the ER doctor and maybe your doctor will not carry as much weight as if you were treated treated by an orthopedist or a neurologist.

Documentation of your injury. Go by default, the medical treatment or large gaps of time between treatments that are red flags forInsurance adjuster. Insufficient documentation is not passed with insurance adjusters.

5. Quality of the defendant

Appearance counts in court. Everyone knows that a sympathetic defendant's adjuster is less likely to suffer major awards. The inverse is obviously true. The nature of the evidence, in particular acts, which may be presented before the court varies from state to state, but defendants must be careful to see the negative evidence for the claimants their way into theJury room.

6. Quality of the applicants - YOU!

We have lost several good cases was because the jury simply did not like the plaintiff. If you seem too flashy or overly aggressive, combatant or belligerent, a jury will find a way to punish you for your behavior.

If you have several small accidents jury may find that you had a cheat.

Before trying all that realistic in your evaluation of your claim. The task of the tort is to compensateYou for your loss, not unduly enrich. Be sensible and reasonable, and you will improve your chances for a successful outcome. Good luck!

This article is for information only and should not to be construed as legal advice. You should at your own lawyer for legal advice.

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