Philadelphia Injury Lawyer Discusses Putting a Monetary Value on an Injury

Website design By BotEap.comSome people object to the very concept of compensating injured accident victims with money. They may feel that people who have been injured simply need to be strong and bear their losses. After all, your no-fault insurance should cover your medical bills and lost wages. It’s a good bet that these people have never been seriously injured in an accident. Nor is it likely that anyone in his family suffered such a fate. However, it is fair to debate the issue of directly translating pain into dollars.

Website design By BotEap.comPerhaps some feel that they cheapen the value of human suffering by placing a financial value on it. However, that is the only method our legal system has to redress wrongful acts committed by negligent motorists, store owners, corporations, etc. And as long as this method of compensation is available, injured accident victims and their attorneys will seek to receive the maximum financial compensation for the injury. That is human nature.

Website design By BotEap.comStill others point to the additional costs of doing business that they believe are caused by injury laws. They believe that these additional costs are passed on to the consumer in the form of higher prices. There is some merit to this argument. I think it is worth paying these higher prices to retain the right to sue for compensation. Not only can financial compensation help the accident victim get back on their feet, but the threat of lawsuits holds companies accountable for their mistakes. Also consider that the Bible in Exodus 21:25 authorizes financial compensation for pain inflicted by another.

Website design By BotEap.comPending further changes to our current set of negligence laws, individuals are free to seek financial compensation in court for injuries caused by the negligent acts of others. Since this system, or some form of it, is likely to remain in place for many years, the questions are: How much is an injury case worth? Unfortunately, there is no way to know for sure what will resolve in a case until medical treatment is completed and the doctor’s prognosis is issued.

Website design By BotEap.comUnless you have been in many accidents and sued many times, the average client has no idea how much a personal injury case should settle for. The fate of the client, for all intents and purposes, is in the hands of the attorney. If the attorney, for whatever reason, wants to settle the case even though fair value has not been offered, how will the client know? There are no easy answers here, so hiring an attorney he can trust is vital. I know of no other area of ​​life, with the possible exceptions of going to your doctor or getting your car fixed, where the simple customer has to rely on another’s honesty and good judgment.

Website design By BotEap.comAttorneys and insurance adjusters evaluate personal injury cases in many ways. For simple cases, such as neck and back sprains and strains (soft tissue injuries) that heal over time, the key factors will be the length of treatment and perhaps the amount of medical bills. Some adjusters and attorneys simply multiply the total medical bills by three or four to determine the value of the settlement. That is an overly simplistic approach that is used less these days than in the past. However, medical bills still figure in settlement assessments in this type of injury case. Bills are also considered to a lesser extent in more serious injury cases.

Website design By BotEap.comPerhaps the rule of thumb for these “soft tissue injury” cases is $2,000 for each month of treatment. Therefore, a soft tissue injury to the back and neck with three months of treatment will probably cost between $5,000 and $7,000. There is a limit to this type of calculation. After perhaps 6 or 7 months of treatment, the insurance company may begin to suspect that the claimant is prolonging treatment just to increase the settlement. Of course, it is totally inexcusable to stay in treatment one more visit than is necessary to recover from your injuries.

Website design By BotEap.comRuptured discs, bone fractures, and scarring injuries are generally more generously compensated than soft tissue injuries. Insurance companies often suspect that soft tissue injuries are imagined or exaggerated. Herniated discs, fractures and scars cannot be faked, at least not without the help of a healer.

Website design By BotEap.comThe severity of the injury greatly influences the settlement offer. So will the characteristics of the individual. For example, a facial scar on an attractive young woman is “worth” much more than a scar on the elbow of an old man. A permanent injury to a child brings a much larger offer than a similar injury to an adult. A herniated disc suffered by a skilled manual worker has a higher “value” than a herniated disc suffered by a person with a sedentary job. A soft tissue injury sustained by a person with a long history of accident claims generates a lower bid than the same injury sustained by a first time plaintiff.

Website design By BotEap.comThe jury’s biggest prizes, and thus the biggest settlements, involve serious head injuries, loss of limbs, paralysis and death. Even these catastrophic injuries must be carefully documented to achieve the maximum settlement value. It is especially important with catastrophic injuries that the insurance company realizes that your attorney knows how to prove these types of cases. Claims adjusters are terrified of huge jury verdicts in cases involving serious and permanent injuries.

Website design By BotEap.comThe other factors that influence liquidation value include:

Website design By BotEap.comthe reputation of your lawyer,

Website design By BotEap.comthe reputation of your doctor,

Website design By BotEap.comthe amount of property damage,

Website design By BotEap.comthe amount of time missed from work, and

Website design By BotEap.comthe willingness of you and your attorney to wait for the best price.

Website design By BotEap.comThese factors are important in all personal injury cases.

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