Monthly Archives

November 2013

Value of a Personal Injury Claim: The Defendant’s Likability

The Defendant

The personality and actions of the defendant are yet another important factor. If the defendant’s actions were particularly outrageous, the sky is the limit as far as the jury may be concerned.

Example: Dave was struck in the back by a car as he was walking along the side of a country road. The compensatory damages, that is, the damages that were strictly to compensate him…

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,…

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