Is There A Formula For Settling A Personal Injury Case
We are a car accident lawyer in Phoenix, and we take potential client questions to inform you on specific topics regarding personal injury scenarios.
This post looks at the formula for settling a personal injury case. We have heard that there may be a formula for settling a personal injury case. When we say formula, we mean – medical bills times two, or auto injury amount times four.
Is this a real thing?
Actually there is no formula for settling a personal injury case. Personal injury claim amounts, if they go to trial, are determined by a jury. They are not provided with any formula sheet or book. The jury is given evidence, and any amounts from the plaintiff that they may consider. Then the jury decides the amount that your case is worth.
So although there is no formula for this, there is a methodology, or a way to look at the case to determine the damages awarded.
The question we need to ask is:
What would a jury do with your case?
Because insurance companies deal with thousands of injury cases nationwide every year, they have specific data to make their case.
- Are there visible injuries
- How much money do they make
- How much time off from work
- Permanent disabilities?
The insurance companies take all of this into consideration and extract the information from a database. They then can get an idea of what a jury would do in that area, as far as an award is concerned. Basically they look at past performance to predict future results.
For example, they would know how successful they have been with similar types of cases, then proceed accordingly. We know that only your city matters. If a case settled for $5000 in Dallas, this does not mean you will settle for that in Miami. This is a localized situation, so the local data is more predictive. The insurance companies have the most data about this, because they have settled more cases than a lawyer possibly could.
The insurance companies usually want to know two things:
- Who is your doctor
- Who is your lawyer
Because they have a large database, they know which doctors over treat the patient. These are the doctors that have higher medical bills. They would also know which doctors would be good or bad witnesses. Some lawyers also make referrals to doctors, so the insurance companies may also know this information. If this is the scenario, then this would look bad at cross-examination. The insurance company would set to prove that the doctor is shading his testimony because of the relationship with the lawyer.
They also want to know the name of your lawyer. They want to know if you have a lawyer who settles everything, and never goes to trial. If this is the scenario, the insurance company can probably get the lawyer to settle for a lower amount. The insurance company can also determine if your lawyer is a specialist. This is important because they want to know if your lawyer will do a good job with your case if they go to trial.
You want to go to trial with a specialist, rather than a general lawyer.
We are a car accident lawyer in Phoenix that specializes in car accident cases, so we can get the most for your injuries. Contact us today for a free consultation, and to get the ball rolling.
Car Accident Lawyer in Phoenix
How long does it take to settle a personal injury case in Phoenix?