Determining The Value Of A Personal Injury Case Justin Demerath
Q.
Is there a formula that I can use to assure that the insurance company is offering me a fair and reasonable amount for the accident that I was involved in that was caused by the other party?
-- D. Montes
A.
Thanks for your inquiry. Please note that I am a Texas attorney, and the guidance I can give you is based upon general principals of law within Texas jurisdiction. I would encourage you to contact a local attorney to understand how the law in your area views every particular legal situation.
Unfortunately, there are no formulas that can be used to assure you are being offered a fair and reasonable amount. The complexity of issues that can be associated with this type calculation make a general determination very hard.
Many factors go into the value of a a personal injury case, they can include:
The location the lawsuit is filed,
Medical expenses already incurred,
Medical expenses to be incurred in the future,
Lost wages,
Loss of earning capacity,
Physical pain,
Mental or emotional suffering,
Physical impairment,
Property damage, and
Other losses.
These factors, along with a through analysis of similar cases which have gone to trial in your area are all things that assist in making a value determination. Regardless of the situation I would strongly urge any claimant to consult an attorney (plus their years of experience) to make a fair assessment of personal injury settlement figures.