How Do I Know If What The Insurance Company Offers is Fair?

Setting the value of your case is more of an art than a science. Historically, if you lost an eye because of someone else’s wrongdoing, you were entitled to take their eye.  On the other hand, some will say that the value of your case is based on a multiple of your medical bills: medical bills times two, medical bills times three or such. Neither is correct.

The true value of your case is what a jury, given the chance, will award. Large jury verdicts (like you might hear about in the news media) resulted from Plaintiffs who were willing to suffer great risk. A favorable jury verdict requires many things falling into place: the lining up of persuasive legal liability, serious injuries, desperate consequences, a credible plaintiff, a unselfish jury, excellent case presentation, an unsympathetic defendant who has monetary resources (usually insurance) and other things.

A good place to start your evaluation is the seriousness of the injury. An injury that results in intensive care in a hospital brings greater compensation than an injury that results in chiropractic care alone. A scar on your face is worse than a scar on your back. If you have had a similar prior injury, the value of your case will be reduced. Distinguishing between what damage resulted from the past versus the present is confusing and tends to push the case value down. Then, there must be a wrongdoer. Was the conduct that resulted in your injury innocent? Negligent? Reckless? Willful? A drunk driver, for example is worse than someone who innocently ran a hidden stop sign.

Next, how much do you have to explain to the jury about your past? The jury, after all, has to want to help you. If you have been arrested 37 times for DUI, don’t expect a jury to help you much because you got hit by a drunk driver. A jury will most likely have the opportunity to consider anything in your recent past that speaks to your credibility.

Where the case is also matters. Every area has its own personality. Some areas are more sympathetic to claimants. Some areas are more sympathetic to wrongdoers. Some areas nickel and dime even the most credible claim. Other areas are more generous. All of these and other factors must be artfully presented to the jury. Finally, once a jury has rendered a verdict in your favor, the defendant must have the ability or the insurance to pay.

If an insurance company is offering you a settlement, talk it over with an attorney first to see what all the variables are for your case. Make sure that your injuries, including future medical issues arising from your current injuries, are being adequately addressed. It's always a good idea to double check with a second source. blb (205)912-8248

Why be afraid of the jury?

A jury is a group of people who, under oath, are given a question by a court and answer with an impartial finding of fact. People sitting on a jury must be qualified. For example, they must be legal citizen, they cannot have been convicted of a felony and they cannot have such prejudice for or against any element of the question submitted that they cannot be impartial. In its simplest form, a jury sees, hears, smells and sometimes touches evidence and determines the truthfulness of it.

Almost every defendant is silent or denies guilt. The jury hears the tension in the defendant’s voice, sees the expression of the defendant’s face, and determines if the denial is credible or not. If the defendant smells or acts intoxicated, the jury can decide if that simple fact impacts credibility or not. The jury considers all of the evidence that supports or challenges the defendant’s claims.

The jury tempers the law with what is acceptable in our community. What is, for example, obscene? What is, for example, harassing? What is, for example, abusive? Only the jury can say. What jury, seeing that a company or person acted fair and just, would rule against it? What jury, seeing that a person made a false claim, would rule for him or her? Juries have an uncanny ability to recognize a false claim.

On the flip side, if the defendant is cheating people, isn’t that bad for everyone. Good business helps everyone. Bad business is bad for everyone – even other businesses.  Imagine a claim against your company. Although not legally permissible, imagine that the jury is made up of your company’s customers, employees and vendors.  If you follow good business practices, you are delighted. Otherwise, maybe you are afraid of the jury. blb (205)912-8248