Ask a Lawyer - Archive


   
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.

Justin B. Demerath
O'Hanlon, McCollom & Demerath
Attorneys and Counselors at Law
Austin Personal Injury Attorney

-- Justin Demerath






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