You are at the office at 4:30 pm and the phone rang. This sounds like a good personal injury case. You have a potential new customer who has suffered multiple injuries after being hit by a bus. The driver of the van is an employee of a reputable pipeline company. The accident is the fault of the pipeline company. You are very excited because you know there are high insurance policy restrictions. You are anxious to arrange the customer the next morning.
The next morning, you sit in a chair and drink coffee, waiting for new customers to enter the newly cleaned office. Despite dealing with many serious injuries, the customer is still sincere and friendly. You know the problem is coming, "What do you think is the value of my case?"
The best way to answer the value question is to be truthful. Even if you lose your customers, you probably won't, tell the truth. The reality is that without books, tables or people can tell you the value of the injury.
You need to assure them that this is a good case and you will try to get the most out of their environment. There are many variables in predicting the settlement value that they cannot list. However, you can tell them how you intend to file a claim.
In the case of hypotheses, responsibility is undisputed. But what if the responsibility is disputed? The case will take a completely different dynamic. If you think the defendant can claim that they are not at fault and may win, the value is calculated differently.
The purpose of this paper is to evaluate cases without liability issues. The first thing you have to do is to make sure you understand every damage the customer has suffered in an accident. When you make a claim, you will never miss any harm. For example, if a client suffers from traumatic brain injury [TBI], then you need to address the damage caused by depression, memory loss, chronic headache or any other sequelae.
The calculation of damages must include current damages, future damages and rehabilitation damages. These damages may be economical for current wage losses or loss of working life. The damage may be due to future pain and pain caused by arthritis or chronic pain. The loss of life component loss is what you did before the accident and what you can no longer do. For example, taking a long walk, playing golf or holding grandchildren.
The fact is that when making a settlement offer, your number must be the number accepted by the plaintiff and is a fair amount based on damage and intangibles. Intangible assets include the jurisdiction in which you file the case. Other intangible assets include the extent to which the defendant has an expert objection to certain damages of the plaintiff. This must also be taken into account in your equation.
If you go to trial, you need a few experts. For example, an economist who lost his ability to make money. You need a medical professional to deal with every damage the plaintiff receives. Therefore, when addressing settlement needs, always consider the cost and risk of litigation.
Most importantly, your situation can only be debated and demonstrated with your best forward. Damage is not subject to specific value rules. However, some injuries are so catastrophic that they speak for themselves. Fight when necessary and always consider the customer first.
Orignal From: Challenges and pitfalls of damages in personal injury cases
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