Is There an “Injury Settlement Calculator”?
Posted in Firm News on August 7, 2018
One of the great myths regarding personal injury law is that lawyers have a secret algorithm or formula used to determine the financial value that any given client’s award or settlement will be. Any such formula would focus on many of highly abstract and ambiguous variables. Sad to say, such a formula does not exist, though Injury Settlement Calculators certainly do, and continue to litter websites of law firms around the country.
Cruz & Associates has more than 25 years of experience in personal injury litigation, and we understand that every client is different. Every case involves a formula unique unto itself, right there for our team to solve. Our attorneys work tirelessly to guide you and your family through every step of the legal process, with the unifying goal to bring resolution to your case in the most reasonable and timely manner possible.
In the absence of a magical calculator, there are some basic concepts that our team at Cruz & Associates considers with every case we take on.
Here are the basic requirements to establish before filing any personal injury claim:
- Did the defendant owe some type of duty to the plaintiff?
- Did the defendant breach that duty?
- Did that breach cause harm (injuries) to the defendant?
- Does someone owe damages for the injuries that occurred?
Those basic requirements are fairly cut and dry. If you suffered harm due to someone else’s negligence, whether or an individual, business or government entity, the at-fault party may owe you compensation for those injuries or that hardship. Determining what the dollar value that award might be worth is extremely difficult. A few key variables will ultimately determine what your claim or case is actually worth:
- Medical care, treatment, drug costs, rehabilitation
- Lost income due to time off from work or other missed opportuniti3es
- Pain, physical suffering, mental or emotional distress
- Permanent physical disability, disfigurement or limitation
- Loss of relationships, family, social or educational opportunities
You can imagine how much of a difference may exist between any given client or case our firm takes. The medical costs associated with treating a small gash in one’s arm would pale in comparison to those costs required to reset a broken bone or mend an injury requiring multiple surgeries and long rehabilitations. The key flaw with any settlement calculator stems from the manner in which calculators estimate how much, or how little, a given insurance company will pay out for any or all of the damages listed above.
Insurance companies typically do not pay out more than the coverage limits allowed by the policy.
Auto insurance, homeowner’s insurance, business insurance, medical malpractice coverage, and government liability policies each entail different coverage limits, contingent on the individual or entity holding the policy
Determining the value of a client’s case is far more intricate than plugging half a dozen numbers into a calculator. Exploring legal options and filing a lawsuit can be a life changing decision. With this process, you and your family should seek a firm of attorneys that will always have your deal interests in mind. Contact Cruz & Associates for a free case evaluation.
One of our attorneys will set up a convenient time to meet with you to review all the pertinent details of your case, walking you through all of your remedy options. Our attorneys have proven experience with all aspects of personal injury law. Based on the facts of your case, our team will do all we can to negotiate a fair outcome. Contact Cruz & Associates for a free consultation.