New Jersey personal injury attorneys explain key factors that impact the settlement value of your case
If you were injured by the carelessness of another, and you have diligently gathered your medical bills and worked at your recovery, you may think the value of your personal injury claim is obvious. In our experience as New Jersey personal injury attorneys, however, most insurance adjusters often don’t see the obvious. Adjusters consider many factors when valuing your claim, including:
How will a jury respond to you?
If your case should go to trial, is a jury likely to respond favorably to you and your situation? Will the jury empathize with you? Do you have any skeletons in your closet that might turn the jurors against you? Some injury plaintiffs are obviously likeable; others are obviously unlikeable; most fall somewhere in between. What kind of plaintiff are you? The insurance adjuster will be looking for clues to answer these questions.
How will a jury respond to the defendant?
Just like injured plaintiffs, there are some plainly “bad” defendants – the drunk driver, the angry driver, the bar owner who failed to call a cab for his regular customer who was obviously too impaired to drive – but most defendants are just “average.” These are the defendants who were momentarily careless or made an unfortunate error in judgment – the mother who was distracted from the road while trying to soothe her baby crying in the backseat; the homeowner who didn’t get the snow shoveled off his walk soon enough; the little old lady who was so intent on watching the traffic that she didn’t see you crossing the street. The more sympathetic the defendant will be to the jurors, the lower the value of your claim to the insurance adjuster.
How will a jury respond to the accident?
If the damage to your car appears to be disproportionate to the severity of your injuries, it will be more difficult to convince a jury to award you full and fair compensation. This, in turn, will lead the insurance company to assign a lower settlement value to your claim. An experienced New Jersey personal injury attorney will know how to obtain and present the evidence needed to prove the extent of your injuries. For example, photographs of the defendant’s car or other cars involved in the accident might show significant damage and more accurately reflect the severity of the accident. Expert testimony also may be helpful in this regard.
Contact the Clark Law Firm
Don’t let an insurance adjuster pressure you into settling for less than your claim is worth. If you have questions about the value of your claim, the experienced New Jersey personal injury attorneys at the Clark Law Firm can help. Call us, at 877-841-8855, to schedule a free initial consultation. We will be happy to meet with you to discuss your accident and your legal options.