Many clients ask what their injury is worth and will it be three times their medical bills. They have heard from their trusted non-lawyer friends and relatives that this is the gold standard formula. The short answer I give them is a no.
While the amount of medical bills is still an element in the evaluation, it is hardly the primary element. In fact, a $500.00 suture job at the emergency room for a facial laceration has more value than, say, an $8,000.00 course of chiropractic care for neck pain.
Insurance companies, arbitrators and jurors look at the type of injury, whether it is permanent in nature, the frequency and duration of treatment, the type of treatment, whether treatment was reasonable and necessary, how debilitating the injury was, future treatment necessary and, of course, the amount of medical bills when evaluating cases.
Other factors are also considered, such as any unexplained gaps in treatment, unusual or uncustomary medical charges, doctor shopping, the Plaintiff’s pre-accident health and whether there were any supervening injuries or events such as a subsequent motor vehicle accident that needed to be considered.
A final consideration that should not be over looked is what arbitrators and juries are awarding in similar liability and injury scenarios. This can be garnered in legal publications such as Trial Reporter or from the experience of your attorney.
If you or a loved one has been involved in a car accident, motorcycle accident or pedestrian accident, reach out to the experienced lawyers at Select Law. With our extensive experience in the legal field, we know what it takes to win your case. Call us at (425) 891-6691 to arrange your free initial consultation with an experienced attorney (in person, phone, zoom or your residence/hospital)
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