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Liability

How explicit is your liability case? Is your condition one of comparative or contributory negligence? Was the accident your fault in any capacity? Is the adjuster going to place blame on other parties as opposed to its insured, and attempt to reduce the settlement in that manner?

If there are weak areas, the adjuster will likely exploit them and use them as “discount points” in chipping away at any offer.

Your New Jersey accident attorney should be expected to do his or her research. The attorney’s investigator ought to submit a comprehensive report and, assuming the report is beneficial, submit it to the insurer (but only if it is completely in your favor).

Your accident attorney may choose to conduct an identical presentation to the adjuster, which may then be presented to the jury to beat back any of the defense’s objections. The objective is to persuade the adjuster that the objections lack credibility and stand no chance in trial.

Aggravating factors (regarding the defendant)

These factors include previous court awards against the defendant or sizable settlements. If the defendant has experienced media attention for business misconduct, he or she might not be as likely to survive a public court procedure. Does the defendant have any pending criminal charges? Has the federal government, via the EPA, FDA, or OSHA, taken any action? Has any state or local government action created a negative image for a defendant?

Your accident attorney’s reputation as claimant/plaintiff counsel

How many similar cases has your personal injury attorney dealt with in the past? Did he or she win, lose, or leverage a large settlement? An accomplished New Jersey accident attorney may often be more robust and poised in his or her method of negotiating.

Outside valuation options

Your New Jersey accident attorney may even look for external opinions in order to “price” your case and have its true value appraised. Methods of achieving this include:

  • Conferring with other attorneys.
  • Anecdotal evidence regarding equivalent claims and awards.
  • Published reports of analogous cases.
  • Valuation software, which is accessible from organizations such as Jury Verdict Research, Inc.

If an insurance adjuster is threatening to chip away at the value of your auto accident case, New Jersey accident attorney Gerald H. Clark can help. Contact the Clark Law Firm, PC today at 877-841-8855.

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