- December 12, 2011
- In personal Injury
If you have been injured and are filing a personal claim with an insurance company, you may be wondering how the insurer places a value on your case and whether it will prefer to settle your case or proceed with litigation. The factors that go into this are very complicated and varied, and an Irvine personal injury attorney will be able to give you a fuller explanation.
One important factor is the nature of your injuries. More severe injuries such as broken limbs, ruptured internal organs, and other easily-provable and objective medical impairments are worth more than subjective or less severe injuries such as soft-tissue injuries, emotional distress, and musculo-skeletal injuries. This can result in some odd disparities, such as the fact that broken legs are worth more to insurance companies than whiplash-related neck and back injuries, even though the former tend to heal much more quickly than the latter. A compound fracture is easily visible and apparent to a jury, while a low back or neck injury is not so visible, which makes the former worth more to insurers.
Another important factor is your loss of income. Any lost wages or lost profits you have suffered as a result of your injuries are easily measurable; thus, insurers want to see them. For those with hourly jobs, the lost income is easily measured by taking the amount of lost hours and multiplying by his or her hourly rate, but if not, a letter from your employer with supporting records giving a specific dollar amount for lost income is sufficient documentation. Self-employed workers will have a more difficult time, especially if they keep incomplete records, and those who primarily receive money â€œunder the tableâ€ probably have no grounds for a lost wage claim.
If you have more questions about the value of your case, contact experienced Irvine personal injury attorney Samer Habbas today for a free consultation.