Articles Tagged with special damages

personal injuryWhen it comes to injury cases, people often ask, “How much is my case worth?”.    To answer this question, it must be understood that each case stands on its own merits.   There is no quick answer to this question.

In automobile accidents, years ago, the settlement amount could expect to be approximately three times the amount of medical expenses.   For example, if the total chiropractic and/or medical bills were $4,000.00, the injured party could expect to receive a settlement in the amount of $12,000.00.   But this is no longer the case.

Years  ago,  the largest insurance companies gambled on the likelihood of lawsuits being filed by many of the largest legal advertisers who worked on sheer volume.  The insurance companies discovered that large legal advertisers working on sheer volume were not likely to file suit if offered small settlement  amounts.  Thus, the largest insurance companies began offering settlements as low as an amount equal to the medical bills or at times,  two-times the medical bills.  And  they found that,  in fact,  many  of  the larger  advertisers  would encourage their clients to accept  the offer.

To justify their low offers, insurance adjusters made arguments of “little vehicle damage”, or “all treatment was chiropractic only” or the injured party only treated for 30 or 60 days, etc.

Thus, to combat these low settlement offers, the firm representing the injured party must be willing and able to litigate the case on behalf of their injured client.  First and foremost, the case must be well documented.    If there is significant vehicle damage, there should be photographs to show the property damage.   Jurors will appreciate knowing that this was not just some very minor  vehicle collision.   Second, if there are visible injuries, photographs should show any visible injuries, scars, etc. Continue reading →