The value of a car accident case is influenced by a variety of factors, and it’s important to understand that it’s not a simple, one-size-fits-all calculation. Avoid any firm that offers to give you a value before you finish your medical treatment and learn your loss of earnings.
- Insurance Companies and Colossus Program:
- Insurance companies currently use a computer program called Colossus to help determine the value of accident cases. This program considers factors such as the injuries sustained, medical bills, and loss of earnings to generate a settlement offer. However, this tool has its limitations and is just one part of the process.
- Liability and Damages:
- Liability refers to the likelihood of proving the other party was at fault. Even in seemingly clear cases, there’s always some risk (often quantified as a percentage) that liability may not be fully established.
- Damages refer to the extent of the injuries, the treatment required, and the impact on the victim’s life. The value of the damages is also estimated in terms of the likelihood of achieving a specific settlement or verdict amount.
- Types of Medical Bills:
- Not all medical bills are weighed equally. For example, bills for orthopedic and neurological exams and therapy, are typically considered more significant than those for diagnostic tests like MRIs or X-rays.
- The Importance of the Right Medical Treatment and Documentation:
It’s crucial to have a medical provider who specializes in treating accident-related injuries and who can write a strong medical-legal report. The way injuries and prognosis are documented can significantly impact the case’s value. For many years, I was faculty member lecturing the International College of Orthopedic Surgeons at their annual medical seminar, on “How to Write a Medical/Legal Report.”
- Continuous and consistent medical treatment is important. Gaps in treatment can be used by insurance companies to argue that the injuries were not severe.
- The Role of the Lawyer:
- A personal injury (PI) lawyer plays a critical role in guiding the victim through the process, from finding the right doctor to ensuring that all aspects of the case are properly documented.
- An experienced lawyer will wait until the treatment has concluded and all relevant information is available before attempting to evaluate the case’s value. They will consider past medical conditions, current treatment, future prognosis, and any potential contributory fault.
- Individual Factors:
- Each case is unique, and so are the injuries involved. This makes it difficult to provide a precise valuation early on. The value of the case will depend on the specific facts of the situation, including the severity of injuries, the impact on the victim’s life, and the ability to prove the other party’s liability.
In summary, while tools like Colossus provide a starting point for settlement discussions, the true value of a car accident case depends on a comprehensive evaluation of liability, damages, medical treatment, and individual circumstances. Working with a knowledgeable ACCIDENT lawyer, who understands these nuances, is crucial to maximizing the settlement or verdict.
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Upon the advice of attorney Dale Gribow, I exercise my right to remain silent until you contact him at 760.837.7500 or dale@dalegribowlaw.com for his OK. He advises, the VOLUNTARY FIELD SOBRIETY (FST) and BREATH TEST at the scene, are OPTIONAL (unless one is on probation). Thus, I elect not to take them, if that is correct. I want to cooperate and am happy to take a BLOOD TEST. Many believe with the passage of time your reading will go down…unless you just chugged a drink.
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