- October 10, 2012
- In orange County Personal Injury
There are a variety of factors that make soft tissue injury claims very difficult to settle, even for experienced Orange County personal injury attorneys. Insurance adjusters perceive soft tissue injury claims as more likely to be fraudulent, as soft tissue injuries typically leave less objective evidence. The following are some factors on which your personal injury lawyer must anticipate resistance from the insurance company.
The first factor is the total of the medical expenses incurred by your injuries. There is no other factor that has as large an impact on the final value of your settlement aside from possibly liability. However, minor injuries, which soft tissue injuries tend to be, often incur very little in the way of medical expenses. Sometimes, medical intervention is not even possible, or they would likely do more harm than good. As a result, your medical expenses will not accurately reflect the severity of your suffering, which is a disadvantage in negotiations.
The second factor is the out-of-pocket expenses incurred as a direct consequence to the accident. These expenses can and should be compensated in your settlement if your attorney can prove that you would not have incurred them had the accident not occurred. These miscellaneous expenses usually involve services you need in order to maintain your lifestyle after your accident, including rental vehicles so that you can continue to work and household help. The adjuster will typically want you to provide receipts for all these services and will also commonly want to deduct a flat twenty percent out of your expenses with the justification that they will go towards taxes, anyway.
Finally, the adjuster will attempt to adjust your settlement for liability. Generally, the adjuster will try to reduce your settlement in a manner proportional to your liability in the case, paying around $7,500 of a $10,000 dollar case if he believes the claimant was at least one quarter responsible for the accident. Obviously, this is a very subjective evaluation.
You need an experienced an Orange County personal injury lawyer who can take these factors into consideration when negotiating with the insurance companies. Call Samer Habbas today at 888-848-5084 for a free initial consultation.
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