Weaknesses in Personal Injury Claims

It is important to understand the value of your personal injury case in order to make an informed decision during settlement negotiations and concerning whether to take your case to trial. The best way to accurately value your personal injury case is to hire an attorney from a reputable New Jersey accident law firm that can help determine the weaknesses of your claim.

Adjuster’s Knowledge of the Weaknesses in Your Claim

The insurance adjuster who is assigned to your claim will usually not engage in settlement talks until he or she has done some preliminary research to determine the weaknesses of your claim. If the adjuster uncovers significant weaknesses in your claim, this will have a major impact on the value of your case and the offer the insurer will make in settling your claim.

Before your case goes to trial, your attorney controls most of the information that the adjuster receives and ultimately uncovers. However, this is not the case if your case goes to trial.

The Defense Attorney’s Knowledge of the Weaknesses in Your Claim

If you and your attorney from a New Jersey accident law firm decide the best route is to litigate your personal injury claim, you need to be prepared to deal with some of the possible repercussions of trial. One major disadvantage of litigating your claim is that the defense attorney will have more leverage and resources to investigate the weaknesses of your claim. For example, the defense will engage in formal discovery methods that will reveal, among other things, prior and subsequent injuries not caused by this accident, use of alcohol during or before the accident, your criminal history and record, and the extent of your injuries.

As such, in most situations, personal injury claims get even weaker during litigation and end up settling for less than if they had been settled directly with the adjuster. The best option is to be honest with your New Jersey accident law firm attorney as to the weaknesses of your case. If your attorney concludes there are major weaknesses, it may be best to settle with the adjuster, even if it means settling for a smaller value.

Contact Us

For more information or to schedule a consultation with an attorney from a reputable New Jersey accident law firm, please call the Clark Law Firm, PC at (877) 841-8855.