After more than twenty (20) years of handling personal injury cases and recoveries in millions of dollars, this Author has not produced a magic crystal ball that can determine the value of accident (tort) cases that insurance adjusters are willing to pay.
In other words, the value of your accident case is determined on a case-by-case basis, depending on various factors including, but not limited to, the following:
1. Seriousness of bodily injuries sustained;
2. Loss of earning capacity;
3. Amounts of past, present, and future medical bills;
4. Amount of loss of earnings;
5. Insurance policy limit of the responsible party;
6. Amounts of property (vehicle) damages to all vehicles involved;
7. Reputation of your attorney in aggressively prosecuting your case, including jury trial, if warranted;
8. Propensity of the insurance adjuster to make reasonable or low-ball offers of settlement;
9. Generosity or stinginess of the jurors or judge deciding your case in litigation;
10. Persistence of your attorney in securing higher settlement or award (in uninsured motorist claims);
11. Merits of your claim or case as to liability;
12. Percentage of your fault (contributory negligence);
13. Apportionment for pre-existing medical condition; and
14. Your need of money from the case.
(1) Seriousness of Bodily Injuries, (11) Merits of Claim, and (6) Amount of Property Damage:
A fender bender from a rear-end collision of low impact with minimal property damage may elicit a $500.00 offer for any bodily injury claim, in addition to the repair on the vehicle.
The prevalent policy of almost all insurance companies in offering $500.00 settlement for bodily injury claims in low-impact collision (property damage of less than $1,000.00) seeks to discourage bodily injury claims, especially in common rear-end collisions.
But serious bodily injuries (more than just the common soft-tissue injuries from sprain and or strain), with admitted liability by the other party’s insurance carries and large property damage (car totaled or more than $5,000.00 in repairs) merit much higher value of bodily-injury damages for medical bills and pain and suffering.
Indications of the seriousness of the bodily injuries include, but are not limited to, the following:
1. Emergency room treatments;
2. Open wounds;
3. Fractures(s);
4. Loss of consciousness from the accident;
5. Sustained, constant pain for over six (6) months;
6. Lengthy medical treatment (over six (6) months); and
7. Positive orthopedic and/or neurological findings by specialists from indicated tests.
(11) Disputed Liability, (12) Contributory Negligence, and (13) Pre-existing Medical Conditions:
An intersection accident is a red flag for insurance adjusters to dispute liability. Who ran the red light? A traffic collision report is not conclusive on liability. The need to obtain names, addresses, and telephone numbers of eye-witnesses favoring your version of the incident cannot be over-emphasized.
Insurance adjusters who admit liability would minimize damages to their insured by pointing out contributory negligence on the other driver, such as:
1. Moving too fast for the condition of the road/freeway (California Vehicle Code 22350);
2. Not wearing seatbelt (California Vehicle Code Section 27315);
3. Following too closely (California Vehicle Code Section 21703); and
4. Making unsafe change of lane (California Vehicle Code Section 21658); and
5. Being inattentive or negligent in operation the vehicle.
In slip and fall cases, defenses of open and obvious danger, failure by the plaintiff to prove notice of a dangerous condition by the premises owner, as well as pre-existing medical conditions are commonly asserted by the insurance adjusted and defense counsel.
(5) Insurance Policy Limit, (10) Persistence of Attorney, and (8) Propensity of Insurance Adjusters:
The Insurance policy limit plays a large role in determining how much money your case is worth. For example, the average driver has a $15,000 per person / $30,000 max limit for damage done in car accidents. On the other hand, commercial vehicles can have policies from $150,000 upwards. Accidents relating to commercial vehicles have a great potential for large winnings.
Next, the persistence of the attorney makes a large impact on your case. This is not a place to skimp on attorney fees. A good attorney can pressure the insurance companies to settle for much more than a indifferent attorney.
Finally, the insurance adjusters themselves may be swayed with the details of the case. Accidents with families, children, and couples yield more emotional sway than single passengers. Adjusters may be willing to put up less resistance in such case and be more willing to settle for the maximum coverage.
Atty Roman P. Mosqueda is a graduate from Michigan Law School with both a Doctorate of Law and LLM. The Law Offices of Roman P. Mosqueda are a full service law firm that handles all types of cases such as divorce, immigration, bankruptcy, personal injury, and more. Call (213) 252 – 9481 for a free consultation today!
Offices are located at:
Los Angeles: 3055 Wilshire Blvd Suite 425., Los Angeles, CA 90010
(213)252-9481
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(951)683-6615
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(562)218-8600
Visit http://www.MosquedaLaw.com for more free articles written by Attorney Mosqueda and more information about his offices.
