Determining Value of Car Accident Case

A number of different factors affect the value of such a case. The estimated value then determines the size of the claimant or plaintiff’s compensation.

Factors that contribute to case’s value

• The ability of the claimant or plaintiff to prove his or her case
• The amount of quality evidence that the claimant or plaintiff has managed to collect.
• Evidence that the victim sought medical attention within the 24-hour period that followed the accident.
• Any proof that the defendant had committed a serious traffic offense, such as a DUI. In some states such evidence would mean automatic liability charges for the defendant.
• Photographs of the crash site, of the damaged vehicles, and of the reported injuries
• Video footage, if available
• A record of the expenses- medical expenses and money that has been used to pay for repairs

Factors that could diminish the case’s value

Personal Injury Lawyers in San Clemente know that evidence in the insurance company’s database that the same person had made similar claims in the past, claims that could not be proven

A lack of consistency between the statements from a witness and the statements from the claimant or plaintiff

Possible challenges to the victim’s assessment of the case’s value

Allegations that a previous injury or a chronic medical condition had contributed to a given injury’s reported seriousness: In order to fight such a challenge, the victim should get x-rays or imaging studies of the affected body region. Those could then be compared with x-rays or imaging studies, which were taken of the same area, at a time well before the accident.

Allegations that the defendant had helped to cause some of the accident-related damages: A lawyer would know that an insurance company could not make such allegations, without presenting some type of proof. That is why accident victims ought to hire an attorney.

Allegations that the defendant’s actions, or lack of action had made the injury worse: Such allegations could be hard to fight, unless the hired attorney had access to an expert medical witness. It would help if the victim had recently undergone a medical examination, one that had been conducted by the appropriate specialist.

Furthermore, the allegations made by an insurance adjuster during settlement negotiations might not gain the acceptance of members of a jury. For instance, an adjuster might insist that a driver with a chronic condition should have been wearing a stronger seatbelt, or perhaps 2 seat belts.

That argument might not receive the jurors’ approval. One of the jurors might have a chronic medical condition, and feel uncomfortable with that particular allegation. As a result, the adjuster would need to re-assess the case’s value. That reassessment might cause the insurer to assign a higher value to the ongoing personal injury case.

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