Injury Claims
Evaluating Your Claim
Books have been written about the dollar value of injury claims.
Something is worth what someone else will pay for it. The ultimate marketplace for determining the value of your claim
is in the courtroom in front of a judge or a jury. Most claims do not reach the courtroom. The best measure for
determining value is the experience and abilities of the attorneys on both sides and claims personnel to fairly determine
reasonable compensation if the case was to go to trial. It is important for you to retain an attorney with trial experience,
if you want your claim to be taken seriously by the other side. There are many factors involved in evaluating claims,
including:
1. The nature and extent of your injuries, whether temporary or permanent.
2. The amount and type of medical treatment you received, and the expense of treatment. If you do not obtain prompt
medical treatment and fail to follow your doctors' recommendations, the law may hold you responsible for problems
which might otherwise have improved.
3. Whether your injuries have caused lost time from work or loss of future earning capacity or employability.
4. The degree of fault of other parties in causing your injury.
5. The degree of your own fault in contributing to your injuries.
6. The amount of other expenses and losses directly resulting from your injuries.
7. The loss of your ability to take part in activities which you enjoyed before the event; the disruption in your daily
activities, and the effect upon your family.
8. The nature of the defendant. Some prefer to settle fairly if you have a good case and good legal representation and
others will vigorously fight all claims, no matter their expense. Some defendants would be unable to pay anything due
to insolvency or lack of insurance coverage.
9. The nature of the claim, whether vehicle collision, slip and fall, defective products, malpractice, or other type of event.
Different laws apply to different types of claims.
10.The credibility of the person bringing the claim. If the defendants discover that a claimant has made 15 other
insurance claims in the past, they would likely refuse to offer any settlement. Evidence of past claims may surface at
trial. Attempts to artificially inflate a claim should be avoided entirely. Truthfullness and fairness are important qualities
on which a claimant will be judged.
Most valid claims are settled and the amount of the settlement is often directly related to the ability, reputation and
experience of your attorney. If the loss of a life is involved, of course, money damages cannot replace the life. Such
damages are often the only way to make unsafe companies and individuals act in a safer and more responsible way, so
as to prevent other devastating injuries or deaths in the future.
