Factors That Affect Starting Point For Personal Injury Settlement

The starting point for the figures tossed back and forth during the negotiations reflects the worth of the negotiated case. Several factors tend to influence any case’s worth.

What were the settlements in past cases, those that were similar to the existing dispute?

Lawyers have access to a record about past cases. Any attorney could examine that record and learn how claimants and insurance companies settled a similar dispute, in the past. Personal injury lawyers in Romeoville could also check to see what a jury has awarded a plaintiff with a similar claim.

What amount of money has the claimant demanded?

Claimants have their own idea, regarding what a fair compensation would be. The insurance adjuster studies the demand that has been stated in a letter. Then the same adjuster lets the letter’s author know whether or not the there was a strong argument backing up that same demand.

Has this case introduced some contentious issues?

Have the claimant’s demands included payment for future medical expenses? The insurance company could question the legitimacy of that particular request.

Have the claimant’s demands included mention of lost earning opportunities? That, too, would be a request that could cause the insurance company to insist on validation of the fact that such opportunities had been eliminated by the reported injury.

Has the insurance company questioned the claimant’s allegations, concerning who should be held responsible for the accident? Unless the liability of a policyholder had been made clear, an insurance company would not be ready to come forward with a large initial bid.

What was the nature of the defendant’s actions?

Had the plaintiff managed to do something that could increase the severity of the accident-linked injury? Defense lawyers in a case involving an auto accident always check to see if the injured victim was wearing a seat belt.

Suppose that a driver had been wearing a seat belt, when another motorist hit that same driver from the rear. Suppose that the driver in the hit car still suffered 2 broken ribs, and had to deal with a totaled vehicle. How would that affect the case’s value?

That would seem to increase its value. Still, the actions of the victim with the broken ribs would also affect that value. For instance, suppose that one of the other involved motorists had told that same victim that she had been unconscious, when he first walked up to her vehicle.

That would have been a piece of information that she should have shared with her lawyer and the insurance adjuster. If she did not share that fact, then her case’s worth/value would not have seemed as great as it truly was. Hence, the adjuster would have started with a lower initial bid.

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