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Case Valuation

Personal Injury Law and Insurance LitigationWhat is it Worth?

Ultimately, every person injured by a wrongdoer must attempt to determine the value of his or her case.

The law provides guidelines to determine damages if a case should go to trial. However, there is no guarantee that an insurance adjuster will consider those guidelines or fairly evaluate them. If there is a dispute as to fair value the injured parties recourse is a trial wherein a jury will be instructed relative to the guidelines for damages.

Ohio law specifically allows the injured party to recover for medical expenses, lost wages, pain and suffering, and inability to perform normal activities of daily living caused by the wrongdoers actions. To the extent that any of these factors are reasonably certain to continue, future damages are appropriate. Ultimately, the value of a claim rests upon the ability of the party to prove damages.

What Factors are Consider in Evaluating a Claim?

Many factors are consider by attorneys and insurance adjustors in evaluating claims. Many law offices have databases available providing verdicts and settlements for similar claims. Because no two cases are identical, attorneys employing these databases often consider them in relation to the specific facts of the case and the attorney's prior experiences with similar ones.

Settle or Sue?

Ultimately, the injured party, with the advice of an attorney, will make this decision. The cost, risks, and time involved in litigation are weighed against the best offer of settlement that can be obtained.

Frequently Asked Questions

  • What is the value of a claim in dollars?
  • Who determines the value of a claim?
  • How is the value of a claim determined?
  • What factors influence the value of a claim?
  • Can proper record keeping increase the value of a claim?
  • Do I have to accept the insurance adjustor's evaluation of the claim?

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