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Factors that will affect your Final Settlement Amount: Loss of Consortium and Insurance Conservatism

As any experienced Orange County personal injury lawyer can tell you, the value of your personal injury case is affected by an extremely diverse set of factors. Two such factors are the loss of consortium in your claim, and the conservativeness of your insurance carrier.

Depending on the nature of your case, you may receive a larger settlement because of the effect the injury has on your spouse. This is called an award for loss of consortium, and it is affected by the following factors:

First, has your spouse, as a result of your accident, needed to take a much larger share of your household’s responsibilities, such as cleaning, childcare, etc.? Has your injury required your spouse to take an active part in tending to your injuries (dressing your wounds, helping you go to the bathroom and so on)? Have you become more prone to anger, depression or irritation because of your injury? Has your marriage been adversely affected by this? What about your relationship with your children? Did you injury significantly affect the way your family spends leisure time, such as delaying vacations preventing routine leisure activities?

Another major factor is the conservativeness of your insurance company. Some insurance companies take a hardline, low settlement strategy that they would not change even if they lost a hundred lawsuits. Such companies are usually very large, and can afford the losses these lawsuits incur with the profits from paying non-litigating claimants so little. It often costs these large carriers under $10,000 dollars to litigate a case, and the cases themselves are often only worth a little more than that.

An experienced personal injury attorney will know the reputations of the various insurance companies, and he will know which ones are known for being reserved. He will use this information when evaluating the insurance companies offer and it will help him decide whether further negotiations are worthwhile, or a lawsuit is your best option.

The advantages to having an experienced attorney on your side are numerous. Call today for a free initial consultation with Samer Habbas, an experienced Orange County personal injury attorney.

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