AboutDoctor Settlement Expertise 27 years of front line plaintiff`s trial lawyer experience in PERSONAL INJURY INSURANCE CLAIMS. Along with other attorneys and insurance adjusters, we have created a website to help injured people settle their own personal injury claims. With the help from feedback from hundreds of satisfied members, www.settlementcentral.com has become THE AUTHORITY for Internet personal injury insurance claim settlements. I am humbled and honored if people can benefit from my experience and current volunteer work in helping injured people. I hope I can explain things in a manner that is useful for the questioner. If not, do not hesitate to e-mail me and I will take a second shot at it! Best Wishes for your physical and financial recovery.
Experience
Life Experience: 27 years of front line plaintiff's trial lawyer experience
Organizations: American Trial Lawyers Association (AAJ)
Washington State Trial Lawyers Association
Awards and Honors:
I am humbled and honored everytime I am selected to help injured people. And when people give feedback that they have benefited from my experience and current volunteer efforts, then that is a double honor and award for me.
Question Hi - in March 2009 I tripped and fell, breaking my wrist on uneven pavement in front of City Hall. I needed surgery, and had a permanent plate installed with 9 screws. I wasn't off work long, about a week or two and did light duty for the recovery. Note: 9 months prior I had tripped in this same area (didn't fall) and wrote a letter to the City advising them of the hazard and asked them to fix it. The mayor wrote me back saying he'd get it fixed. I assumed they would. They didn't until after I broke my wrist and had filed my claim. Even my witnesses, city employees, have told me they have tripped on the pavement. What type of settlement is this worth/should I consider? I don't even have a clue what to expect. My attorney has been very quiet about number speculation, and I don't know what is fair and what is reasonable. Thank you for your time.
Answer Hi Elaine,
No one can ever give any information of use on valuation of a premises liability claim with such little information to go on. Here is why: There are numerous factors that influence the value: it is NOT like poking some few facts into a computer and getting something spit back out as a result.
I could quit with that answer, but I am going to put in a lot of time for you since I DO NOT want you to make a mistake I will mention below when a client talked about how much her claim was worth and what she was going to do with all that money.
Your attorney is CORRECT NOT TO SPECULATE. You even mention "My attorney has been very quiet about number SPECULATION." What you want from me and from your attorney is some kind of guess as to what you can expect. We cannot do that. It would be malpractice to make any kind of such speculation.
So, Elaine, my answer will be in two parts. First I will address valuation. I am going to give you some of the factors that might go in to the valuation of your claim. And you can see how well you stack up.
After that, I am going to tell you why, at this early stage, the client should never be told any kind of valuation figure. It is none of the client's business UNTIL we move toward the stage of a settlement conference, which I take it from your facts, is going to be at least six months hence. So my part two will be to ask you to leave this valuation issue alone until your case is ripe for a settlement conference.
Valuation is not like going to a drive-in for a fast food meal. It takes time and study of many factors, including liability and medical records. Plus, one would like to meet the claimant to see how she will “sell” to the other side and to the jury. Those online sources that mention a "rule of thumb" is just that: a gross estimate.
SHORT ANSWER: A common theme among those who still think a “rule of thumb” formula will put you in the valuation ballpark is to multiply the medical specials times a number from ONE to FIVE (depending upon factors, some of which I will give you later—or all of which are fully discussed in the members' side of my website, dealing with insurance settlements www.SettlementCentral.Com ). Then that figure is the total value of the personal injury portion of the claim. Of course there is a long list of factors to consider for adding or deducting from the total.
Let's take a look just one factor that puts the lie to the general use of this rule of thumb. A not so obvious, but very important factor that shows how inaccurate a “rule of thumb” formula can be is just plain location of the trial. Let's start with geography. Values differ from state to state, and within each state. City values are often different than rural values on claims, especially if the economy is tenuous in small towns. And the differences can be HUGE between these areas, even if only 20 miles apart.
Here is a listing of factors that will affect both the multiplier you will use, as well as the value of the claim inasmuch as they will increase or decrease the product of your multiplication.
1. LIABILITY DISPUTE
This is a big one because it most dramatically affects value. You are assuming that you have clear liability. If I were the defense attorney, I would be pleased to use that letter to the city against you. She will say, "If you knew there was a danger, why were you not alert to it. Isn't that comparative negligence on your part?"
2. Trauma suffered
The value of your claim increases with a bigger crash, and decreases with a low damage tripping wherein one catches herself on the way down.Why? Just human nature.
3. Medical special damages
Cost of medical and related health care expenses; higher costs usually equate to an increase in value (excepting, of course, cases of gross overtreatment).
4. Type of injury
Where does the injury fall within the insurance industry's "hierarchy list" of valuing injuries? Irrespective of which injury may cause more pain, injuries are valued according to seriousness, tendency to be persistent or permanent, and whether or not they need objective proof to be believed (e.g. a broken bone versus soft tissue strain). You have this in your favor with the broken bones. BUT in truth, if you came to me shortly after the accident, I would have you seen for soft tissue injuries as well. You cannot have fallen that hard without hurting your neck or back.
5. Type of medical care
Where does the medical care fall within the insurance industry's "hierarchy list" of valuing medical care? Orthopedists at the top, chiropractors near the bottom.
6. Prognosis- future care—permanency of injury or pain and suffering—does your doctor recommend 6 months of care, or were you done treating 4 months ago? Even if you are done treating, will the doctor predict future problems? Your doctor will not want to admit this Elaine, but anyone who does bone work has had his patients mention how the injury site aches when there is a big change in the barometric pressure. Google that and keep tabs on it for your doctor and do not forget to mention it in your deposition.
7. Your medical and claims history, prior accidents, prior injuries or treatment of the same area of the body.
8. Impairment of quality of life. Emotional distress fits in here.
9. Quality and persistence of pain suffered.
10. Quality and thoroughness of her medical records.
PART TWO: Respectfully Telling Elaine to Leave This Issue Alone for Awhile.
As I mentioned above, I want to let you know why I did not like clients asking about the value of their claims. Only a few did so, and I had to jump down the throat of only half a dozen or so who also asked my staff. Bad move.
I would ask my client, "Is there some legitimate reason you need this information?" And you might ask yourself the same question. Because in my former practice, I actually fired two clients who just were obsessed about what they were "going to get". I gave up whatever time I had in the file to get them transferred out of my office. Life is too short to deal with that. Just let the attorney do his job and see how the facts play out whilst your case goes through the discovery process.
May I respectfully suggest that you will have to go through a course of depositions and discovery and perhaps a so-called "Independent" Medical Examination at the city's request BEFORE your attorney can even venture a ballpark figure.
What good attorneys tell their clients is that what they may receive is NONE OF THEIR BUSINESS until the case gets close to the settlement conference stage. There are good reasons why we do NOT want our clients focusing on their award, and I am not going to take your time to go through them here.
Maybe if I share one example with you, the reasons will become clear. My good friend was, and still is, one of the best personal injury trial attorneys in my county. He has a track record of trial and settlement results that most attorneys would never dream of.
Well, about five years ago he LOST the damages part of his claim because of his client's obsession with what she was going to get for her award. Actually he did not "lose"; he won the case, but the award was FAR BENEATH the last offer made by the insurer. Hence, there was insufficient money to cover the expert witnesses he had to bring to trial. Doctors charge A LOT to spend part of their day hanging around court to testify.
Two juror interviews established that the jury had disbelieved the plaintiff because she had bragged about how much money she was going to get.
Anyway, it seems that his client somehow latched onto a number that she was sure she was going to get. She figured out many things that she was going to do with all that money. AND, of course, she told her friends about her dreams. And, perhaps some people at work. Then her bragging must have leaked out beyond her group of friends.
Since it was supposed to be a big case, the insurance company put investigators on her, and they covertly questioned people who might have a chance to see how she does at work, etc. Totally unexpectedly, I suppose, her bragging came to the attention of the insurance company.
Then, at trial of the case, when she had finished testifying in her part of the claim, and my attorney friend had done his magic to let the jury see how these significant injuries had made her life very difficult, it was the turn of the defense attorney to ask questions.
The defense attorney brought up these statements and asked her about them. She at first denied them. Then, after a recess, she agreed that she might have mentioned something like that in general, but nothing of the specifics he presented. Finally, when the defense attorney read back the bragging she had done in great detai, and asked if she wanted him to call a witness who could attribute those remarks to her, she finally came clean and admitted she had made those comments after all. Rebuttal witnesses are NOT identified in advance, so this was a COMPLETE SURPRISE to my attorney friend.
So, Elaine, why am I wasting your time with this long story? Well, to let you know one reason why good trial attorneys DO NOT speculate on value. The client has no good reason to know, and it can only inure to her detriment. Bottom line on the story above was learned when they interviewed two members of the jury who stuck around.
When claimants start counting their money while still treating, the jury smells a malingerer. The jury can reasonably conclude that this woman with all of the big plans would do anything to ride this claim for all it was worth. Hence, her treatment notes from the doctor were suspect since they were largely based upon her history of what was happening in her life vis-à-vis the injuries.
The foundation of any personal injury claim is the integrity of the plaintiff. The character of the plaintiff is very important. And once the foundation is broken in that important aspect, then whatever the attorney is building will be subject to collapse. And that is just what happened to my friend and his bragging client.
I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
