| How Do I Determine How
Much My Injury Claim is Worth? No two claims are
ever the same. Every accident claim is
different and must be evaluated on the
basis of its unique facts and merits .
Large jury awards are in the headlines
all the time, but they make up only a
small percentage of cases. These cases
involve serious injuries associated with
considerable pain and suffering. Many
times large jury awards are reduced
either on appeal or in a negotiated
settlement following the jury verdict.
The public does hear that much about it.
There are
numerous variables that can make a claim
worth more or less money for the purposes
of settlement. While most claims settle
without a lawsuit being filed,
arbitration, mediation, or a case going
to trial, part of evaluating a claim is
based on projecting what the outcome of a
jury trial would be. The goal is
evaluating a claim is to make an educated
and qualified attempt to determine what
the probable jury verdict would be if the
case went to court. Although jury awards
can vary significantly, there are special
factors used to determine the likely jury
award and the settlement value of your
claim. All of the relevant factors must
be considered together to estimate the
value of a case.
Of course,
not every factor applies in each case.
Also, each factor carries a varying
degree of importance depending upon the
circumstances of the case. The following
variables are not listed in any
particular order.
Location
Where The Case Will Be Tried
Generally,
lawsuits are filed in the state and
county where the accident occurred or
where the defendant resides. Where the
case is tried frequently influences the
size of the jury award. Likewise, you may
have heard, for example, , that jury
awards tend to be small in the Pacific
Northwest and the awards in California
and comparatively higher than any other
state by comparison. Similarly, jury
verdicts within each state vary by
county. Jury awards tend to be higher in
larger metropolitan areas and smaller in
more rural counties. Considering the
identical case, a jury may award $20,000
in a large county but only $12,000 in a
smaller county. Then there are counties
that break all the stereotypes such as
Gadsden County, Florida, a very small,
rural county, that has had a reputation,
at times, for large tort awards.
We believe
the reason for this is the make up of the
jury. Jurors from larger cities tend to
receive higher incomes than jurors in
smaller towns. They are, therefore, more
likely to award a higher verdict. Race,
ethnicity, sex, age and personal
socio-economic factors may have some
effect as well.
Trial
vs. Arbitration
When a
claim against the driver who caused the
accident does not settle through
arbitration or out-of-court negotiation,
a jury will usually decide the case in a
trial. A six or twelve person jury (much
like what you have seen on television or
in the movies) then determines the value
of your case.
In other
claims, a jury is not involved. When a
claim is made under a client's own
uninsured or underinsured motorist
policy, the policy usually requires
arbitration rather than a jury trial
resolve the dispute. In arbitration, a
decision is made either by a single
arbiter both sides agree upon, or by
three arbiters. In that event, we select
one arbiter, the insurance company
another, and the two arbiters agree on a
third.
The
arbiters are usually judges or lawyers.
They will hear the evidence and decide
your case. Arbitration is less expensive
for the insurance company than a jury
trial because an arbitration requires
less time and less money in lawyer fees
to defend the claim. The plaintiff
usually has lower costs in arbitrating as
case as well.
Generally,
jury awards are higher than arbitration
awards. Jurors tend to identify more with
accident victims and be more emotional
than arbiters who may have seen many
similar cases. However, there is always a
risk that a jury award can be
disappointingly low. Other problems with
jury trials is the length of time until a
case is decided, the cost of trial
preparation, and the inconsistency of
jury awards. After a lawsuit is filed, it
can be over a year until the trial takes
place. Although an arbitration generally
means lower injury awards, the awards are
usually more consistent and quicker to
obtain.
Likeability
of Plaintiff and Defendant
The
likeability of both plaintiff and
defendant is an important factor in claim
value. Juries tend to award more money to
plaintiffs they like and punish negative
behavior by defendants A sincere and
honest claimant elicits more sympathy
than one who appears abrasive, difficult
or greedy. Similarly, the kind of
impression the defendant makes will
influence the jury. Does the defendant
seem sincerely remorseful or do they have
little or no conscience? Likewise, if
alcohol or drugs were involved, a jury
could award you more money in order to
punish the negligent driver and make a
point that drunk driving is not
tolerated. A jury is more likely to be
sympathetic to your claim if they believe
you are presenting an accurate picture of
the accident and not exaggerating your
injuries.
Objective
vs. Subjective Injuries
Jury
awards are higher for clients who have
"objective" injuries compared
to those clients who have
"subjective" injuries.
Objective injuries are verifiable either
by diagnostic testing or observation. For
example, a broken arm can be observed and
verified by an x-ray. The jury can be
shown the x-ray and see the fracture
themselves. In these cases, the jury will
generally believe that an injury exists.
On the other hand, many real injuries
arising from accidents are subjective.
These are the injuries that a doctor
recognizes based on the patient's
complaints such as, "My neck is
stiff and sore." It is difficult to
objectively verify these injuries since
muscle strains or sprains cannot be seen.
An insurance company, jury or arbiter
might feel that an injury is exaggerated
if there are no objective findings to
support the injured person's complaints.
This is not to say that the plaintiff is
not injured, as muscular injuries can be
very troublesome and long lasting.
However, the plaintiff always runs the
risk that a jury may not believe that an
injury exists or that it is less severe
than the client describes if it cannot be
observed or measured.
Another
factor that reinforces the existing of
subject injuries is the doctor's
prescription for recovery. This may
include various therapies and/or whether
your doctor prescribes medications. The
need for pain or anti-inflammatory
medication indicates the injured victim
is suffering from pain, inflammation or
other symptoms. The type of medication
and length of use may indicate
seriousness of suffering.
Permanent
Injuries / Disability
Awards for
permanent injuries are greater than
awards for injuries that diminish with
time. Generally, the longer it takes to
recover, the greater the award. We would
expect a jury to award more in a neck
injury case where it takes two years for
a client to recover than one that has a
recovery period of two months.
It is not
enough for the client to predict they
will suffer the rest of their life.
Larger jury awards occur in cases where a
doctor testifies the client has permanent
injuries that will last for the rest of
the client's life. The court will require
that any predictions to be substantiated
by a medical expert.
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