This is Part 2 of a previous article: Improving your Chances for a Successful Personal Injury Claim
We previously shared an article giving you advice and guidelines – what to expect with an injury claim and how you can help your claim be more successful. More info is shared here. As always, if you have a potential case and have questions, you should ask your local personal injury attorney. Here in McAllen, Texas, our law firm is here to answer your questions at any time.
The 1-5x Multiple System
Some attorneys and adjusters employ a common method known as “the 1-5x multiple system”. This approach defines your pain and suffering and creates a number the Adjuster will use. We will cover this in detail in an upcoming article.
KNOW THE PRIMARY FACTORS:
Seriousness of the injury
Adjusters will look at the type and scope of your injuries – the severity – to assign them a “rating” and apply the multiple system number referenced above. Obviously, soft tissue injuries and sprains will not be ranked as high as a broken collarbone or crushed pelvis. More severe injuries will result in higher settlement amounts on personal injury claims. You are encouraged to mention and pursue treatment for any and all pain or symptoms after an accident.
Liability of the insured
On occasion, the insured’s liability is questionable. This means the Adjuster believes you are partially at fault or that a third-party contributed to the accident. In this case, the Adjuster will likely present a low offer. Your injury attorney will research and ascertain liability for your case.
Let’s say your Doctors report and document that you will require extended medical treatment and therapy. This translates into a lingering phase of pain and discomfort. The additional care and related pain can result in greater emotional distress. Thus, the monies you are awarded for pain and suffering will be higher if you require ongoing treatment.
History of jury verdicts
Jury verdicts in personal injury cases vary throughout the country. Typically, an award made in a rural county court within Texas will be lower than the same case tried in a New York City county court. Adjusters are aware of these trending differences and rely on them when considering their settlement offers.
Before you and your lawyer decide on the numbers you want to put in your “Demand for Settlement Letter”, research your county courts to find out what the jury verdicts are for cases similar to your own, because the Adjuster for your claim most certainly will. Or try visiting VerdictSearch.com to get facts about similar cases and their outcomes.
Punitive Damages sometimes apply
Another level of compensation is defined as “Punitive damages”. If it is decided that your case needs to go to trial, the decision about your monetary award will be decided upon by a judge or jury. They have the option of choosing to reward you with a value for punitive damages in addition to a value for your pain and suffering. In a case when it is proven the party at-fault willfully, criminally, or egregiously conducted himself/herself and caused the accident, Punitive Damages will be awarded but, it is important to know that many have placed limits on how just how much. Typically, punitive awards can still be quite high.
Contact Tijerina Legal Firm in McAllen Texas if you or a loved one desires a Free Consultation on a potential accident or injury case. Thank you.