"Justice Denied to One is Justice Denied to All"
Personal Injury
Settlement Factors
"How much money will I get?"
How much money am I going to get?” The facts are that no lawyer can tell you how much money you will receive from the case. You will, however, get what you deserve and possibly more.
You can find a lawyer who will pump you up, talk about retirement, and talk about hundreds of thousands of dollars. The whole point of this "talk" is to get you signed up. Once they have the case, you will start hearing about “problems.” We believe this is wrong and a disservice to our clients. We believe clients should have a good understanding of those settlement factors which will be used to evaluate their case.
The
following settlement factors and others will be used by your lawyer
and the insurance company for case evaluation.
Each guideline discussed below is part of an overall picture that
generates, in the end, the “number”
- the settlement figure.
Property
Damage.
Property Damage, commonly called PD, is about how much damage was done
to your car. This is a significant factor because if your car was totaled
or suffered significant damage, then it is likely that you were hurt. On
the other hand, if your car only suffered a scrape, then it is likely that you are
not hurt too bad. In other
words, if the car is hurt then you are hurt, if the car was not hurt,
then you can’t be hurt.
Injury
Type.
Hard injury cases generate better recoveries than soft injury cases.
Hard injury cases are about bones, invasive medical procedures,
and extensive medical treatment. Soft injury cases are about tendons,
muscles, and lower back strain. We understand that you are in pain. We
know it hurts. One of the best things that you can do is keep a diary
documenting your pain and your experiences with it.
Minor, Elderly, or Handicapped. Cases in which minor children, the elderly, or the handicapped are involved are significantly better cases than cases involving the robust 25 year old. Jury's tend to sympathize with minors or the elderly. No one wants to see their daughter or son injured. No one wants to see mom and dad get hurt. Further, they don't want their handicapped brother to suffer. This is why damage awards on cases involving minors, the elderly, and/or handicapped are significantly better.
Insurance
Company.
Some insurance companies just don’t pay claims. Others, will
work with the claimant and the lawyer in order to bring the case to a
successful resolution. Though
the insurance companies are making record profits, a number of them are
completely unreasonable. In this circumstance, we often have no choice
but to proceed to litigation.
Venue.
Venue is about where the defendant lives and where the accident took
place. Venue goes to the county of suit.
If your accident took place in either Dallas or Collin Counties,
then you will be looking at a very conservative jury - more so with
Collin County. Conservative juries award less money. If the accident took place in Denton or Grayson County,
somewhat liberal counties, then your case is worth more because those
juries tend to award more money.
Insured. This factor goes into the type of person that ran into you. If he or she is a hardworking tradesman or professional, if they are trustworthy, and/or if they would make a good witness, then your case is worth less. If, however, he or she was DWI, has a poor work history, comes from a low socio-economic background, or has a criminal history then your case is worth more.
Claimant. This factor is about you. If you would make a good witness, if you are forthright and honest, if you refrain from “wining,” then your case will be worth more. Wining goes to someone who, from all appearances, works too hard at “getting rich” off a claim. The best jury client is one who will matter of factly discuss their injuries without embellishment. It also helps if you appear somewhat unreasonable. Let your lawyer play “good guy” and you the “bad guy.” When talking to an adjuster, I will often say “My client just won’t settle for that number."
Treatment
History.
Treatment history is about when and how often the claimant went
to the doctor. The logic is
if you are hurt you will go to the doctor. If you are not hurt, then you
wont go much. Since you did
not follow your doctors orders, then you must not be hurt. On the other
hand, if you follow the doctors orders as prescribed then good treatment
history is established and your claim will be worth more.
Treatment Type. MD, DO, or Chiropractor. Insurance adjusters are going to look at what type of doctor your are treating with. If a MD prescribes physical therapy, then that is much more credible than six months with a chiropractor. We like chiropractors and have successfully resolved a number of case in which chiropractors were the primary physician. Cases with a MD or DO, however, are worth more than chiropractic cases, generally. If you are undergoing chiropractic care, get a MD involved.
Prior Injury History. If you have been injured before, especially in the same manner that you are claiming now, the insurance company will argue that their insured's negligence did not cause you the injury. This will lower the settlement number. The come back on this, however, is that your prior injury was under control and maintained. The negligence of the tort-feasor caused the injury to remanifest.
Work
History.
Your work history will have a
bearing upon your case. Are you regularly employed? How long have you
been employed? Do you change jobs often? These questions and their
answers will go to the evaluation of your case. Why? Answer – jury
appeal.
Type
of Vehicle.
The
type of vehicle which impacts with your car will have a valuation
bearing on your case. For
example, cases which involve 18 wheelers,
delivery trucks, dump trucks or other commercial vehicles are far
better than the ordinary car wreck.
Further, cases in which luxury cars have impacted with yours are
somewhat better.
No lawyer can tell you how much your case is worth until the case is resolved. There are no guarantees. Your case may not fit into all of the described factors above. This does not mean that you do not have a case, however. The only way to find out if you have a case is to schedule a free initial consultation with EN Jackson & Associates - Lawyers, P.C.
Earl N Jackson, Esq.
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