Valuing Your Claim

One of the most difficult aspects of resolving any personal injury claim is properly assessing the settlement value of the claim. There are a number of tangible and intangible factors that must be considered in determining the value of your personal injury claim. A personal injury claim generally includes pain and suffering, medical expenses, lost wages and other economic losses. In addition, the spouse of an injured person may also have a claim for the loss of their injured spouse’s services. Depending upon the circumstances of the case, a claim for punitive damages may also be appropriate in personal injury matters.

In order to assess the value of any claim, the jurisdiction where the case would be tried, the nature of the other party’s conduct, prior injuries and other factors that may impact a jury’s decision must be considered. Insurance Companies and corporations generally utilize databases to determine verdicts and settlements in personal injury cases of a similar nature to determine what they consider to be an appropriate settlement. If a person is not represented, the insurance company or corporation will very often attempt to reach a settlement with the person that is far below what the person could reasonably expect to obtain at trial or if represented by counsel.

Our attorneys combine their training and experience with multiple national databases to determine the appropriate settlement value for our clients’ personal injury matters. We evaluate the same factors considered by the insurance companies and corporations. This allows us to ensure that a settlement is within an acceptable range for personal injury cases of a similar nature. Generally, we are able to obtain a settlement that more completely compensates our clients after attorney’s fees are deducted.

In addition, our attorneys then assist clients in avoiding, when possible, the legal right of a health insurance company to be reimbursed for the amounts they have paid for medical bills. This adds further value to the client’s case by allowing the client to retain more of their settlement proceeds from their personal injury matter. If a settlement is not properly structured, a client may be exposed to significant liability to his or her health insurance carrier whenever they resolve their personal injury case.