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Legal Self Help

How to Increase the Value of Your Personal Injury Claim

Doctor Reputation

Your doctor’s reputation is also important. There are many doctors who are notorious for having a patient base made up almost solely of personal injury plaintiffs. Insurance companies suspect that many of these patients are faking or exaggerating their injuries. Naturally, the insurance company resents this kind of case and will not offer top dollar. The company may wish to…

Value of a Personal Injury Claim-More Key Factors

INJURY SEVERITY

The severity of the injury greatly influences the settlement offer, as will the characteristics of the individual. For example, a facial scar on an attractive young woman is worth far more than an elbow scar on an elderly man. A permanent injury to a child brings a far larger offer than will a similar injury to an adult. A herniated disc suffered by a skilled manual laborer…

Increasing the Value of a Personal Injury Case

Medical Records and Treatment

Perhaps the best way to convince a judge, jury, or arbitration panel that an accident caused the injury is through proof of the plaintiffs condition before the accident. Although the plaintiffs own testimony that he or she was feeling fine before the accident is helpful, prior medical records are even more persuasive. Thus, if the plaintiffs medical records…

More Issues Affecting the Value of a Personal Injury Case

Aggravation

Remember also that just because the plaintiff has a medical condition that pre-dates the accident, if the accident aggravated that condition, this aggravation is potentially a collectible part of the case. There is a principal of law that states- You take your victim as you find him. Just because a defendant injured a person who was especially susceptible to that injury, t…

Issues Affecting the Value of a Personal Injury Case

ISSUES AFFECTING THE MONETARY VALUE

There are a number of other issues that affect the monetary value of a case. Some are specific to the person, some to the situation, and some to the other parties involved in your case.

Predated Injury

Many injuries are subject to attack based on that they predated the accident and therefore were not caused by it. Herniated and bulging discs cases,…

Placing a Monetary Value on a Serious Injury: Surgery and Punitive Damages

Serious Injury Damages

Ruptured discs, bone fractures, and injuries resulting in scarring are generally compensated more generously than are soft tissue injuries. Insurance companies more often than not suspect that soft tissue injuries are imagined or exaggerated. Herniated discs, fractures, and scarring in and of themselves prove injury. These types of injuries are common after a car or…

Placing a Monetary Value on a Soft Tissue Injury

PLACING A MONETARY VALUE ON AN INJURY

Unless you have been in many accidents and sued many times, you probably have no idea of the amount for which a personal injury case should settle. Your fate, for all intents and purposes, is in the hands of your attorney. If the attorney, for whatever reason, wants to settle the case, even though fair value has not been offered, how will you know? Ther…

Suing for Personal Injury-Is it the Right Thing to do?

Damages

Some people object to the very concept of compensating injured accident victims with money. They might feel that individuals who have been injured should simply be strong and bear their losses. After all, their no-fault insurance should cover their medical bills and lost wages. It is a good bet that these people have never been seriously injured in an accident. Nor is it likely that…

Physical Therapy and Personal Injury Litigation – Best Practice

PHYSICAL THERAPY

It is essential that you enter into a physical therapy program as soon as possible after either a motor vehicle or fall down accident. The muscles in the neck and back can go into spasm in order to protect the area from further injury. Physical therapy helps to relieve the spasm and the accompanying pain.

During whiplash type injuries, ligaments in the neck can be damaged.

Managed Care and Personal Injury Litigation – Best Practice

Managed Care

If your family’s health insurance is through a health maintenance organization (HMO), consider the problems of managed care. It can be difficult to get a referral to a specialist since there may be financial disincentives for your primary care doctor to make such referrals. If you are injured in a motor vehicle accident, you may be able to avoid this problem. Assuming that you…

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