St. Cloud Personal Injury Lawyer - case value

How Do You Value Your Case?

Mike Bryant — Sat, 03 Oct 2009 09:29:00 GMT

What is my case worth? This is one of the questions that we hear most often. Many of our clients just want to know how they are going to get their medical bills paid and what they are going to do about the wages they are losing. Some of them have already been stressed out by the tough economic times and now suddenly, things have become even tighter. The question may not even really be about right now, but may be just as much about the next week, month or even years down the road. How am I going to pay my mortgage when I can't work? So they ask what the case is worth.

I wonder how other lawyers answer the question, especially since the answer is usually not available at the time people are looking for a lawyer. There are effects of the injury, what the doctor says and unfortunately it truly does depend on the coverage. The clients want some certainty at this time. The easy thing would be to just throw a number out there. But, they don't come to us at an easy time and they don't higher us to take the easy way out. The truth I always explain is that we don't know right now. You are actually better off if it's less money and you get better. Those are actually my happiest former clients. But, if you are hurt long term, we know how to present your case in the best light. It is the difference of hiring a lawyer that knows and will represent you in presenting your loss and basically hiring a claims adjuster. It may not be fast , but we will look at your case and present it in the most comprehensive light.

Many of these people that have already talked to the insurance adjuster. We regularly meet with potential clients who have been offered small sums as the insurance company works to get out of liability and to close the file. They know that there are a percentage of people who really need money, so they will prey on that group. In these economic times, it happens all of the time.

If you are facing that choice, please keep in mind:

- For a minor, there is no way that they can settle the case without Judicial approval. I've seen companies try to get around this, but it's against the law.

- When the settlement discussions are going on, is the adjuster practicing law? Do they talk about: if you need a lawyer, about the value of the case, or present their version as to fault? All of these get very close to giving you legal advice. I do it and I need to follow up with information on the statute of limitations. The non lawyer does it and they are breaking the law. They also, intentionally or not, can be very very wrong.

- Most car collisions involve the tort thresholds in Minnesota. Basically, you need to have $4000 in medical expenses, a permanent injury or 60 days loss of enjoyment of life. You meet one of those and you have a claim for pain and suffering. You don't and you have no claim other than the bills, wage loss and property damage. I look at the little offers this way. If you meet a threshold and have a permanent injury, is there any way that is worth that amount? If you don't meet a threshold, well, what did you really lose by waiting and making sure?

- The insurance company wants a settlement quick. They often make their offer within days or weeks of the collision. While some cases can be evaluated at that time, usually it takes time to get a full view of your injuries and to also get through a year's cycle. Is there something that you do in the winter or summer that will cause you problems? It's worth waiting to make sure you can play softball or snowmobile without problems. The statutes of limitations were made longer so that you have the chance to see the affect of your injuries.

It's always worth talking to a personal injury attorney to make sure you are aware of all of your rights. If the offer is fair, we will tell you. We also can give you lawful legal advice and answer your questions.

As fellow members of the blog pack, Steve Lombardi, Wayne Parsons, Devon Glass, Mike Bryant, Rick Shapiro and Pierce Egerton, have been pointing out there is also a difference in what lawyer you talk to. Don't make the mistake of undervaluing yourself. As I tell many of my clients, I may be smart enough to do some of the things you do with your daily job, but it's doubtful I will do it completely right. I don't think your competitor would come over and willingly help me. Severe injuries are not the time to learn how to protect you and your family and most definitely not the time to take legal advice from the other side. Take your time and learn who and what is out there for help.

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST.

What would a caveman bring to meet with the lawyer?, Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics, Steve Lombardi , September 15, 2009 8:48 AM

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

What To Do After An Accident When The Adjuster Is There First, Mike Bryant | September 19, 2009 6:26 PM

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons | 20 September 2009 12:01

What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM

What To Do After An Accident When The Adjuster Has A Tape Recorder, Mike Bryant , September 23, 2009 10:01 PM

Do I have a good or a bad case?, Devon Glass, September 24, 2009

What are interrogatories and how do I answer them?, Steve Lombardi, September 29, 2009

Interrogatories: A Written Deposition , Devon Glass, September 30, 2009

Demystifying Injury Litigation for Clients: What Are Interrogatories?, Rick Shapiro October 03, 2009

and this one

How Do You Value Your Case? Mike Bryant October 03, 2009 9:29 AM

Originally posted at InjuryBoard by Mike Bryant

Question of the day: Should I give a statement to the insurance company?

Mike Bryant — Thu, 25 Jun 2009 09:27:00 GMT

During the month of June, I am addressing common questions that get asked in our practice. Today's Question is: Should I give a statement to the insurance company?

Some insurance contracts do require it. If it is required by your contract, the answer in many cases is going to be yes. The difference that can be made by you being represented is how well you are prepared for the statement, as well as being able to have someone there with you to represent you. It is clear, when the adjusters are calling to get these statements, that they are doing it to limit their own liability and in many cases limit what it is they are going to eventually pay. By being the ones asking the questions, they control what information is obtained. It is not unusual, when we represent someone giving a statement, that we make sure additional questions are answered. We also have experienced enough of the importance of certain questions to have properly prepared you to answer these questions. Just like not signing anything, you should not consider giving a statement until you first talk to an attorney. The initial consultation is free, and can give you a better idea on the importance of what is about to happen.

These questions are not intended to replace a consultation with an attorney, nor do they take into consideration facts that may differ about your particular case. Here at the Injuryboard, we have experienced attorneys who can deal with your individual questions and best help you with your case. Feel free to get the help you need by contacting one of us.

Originally posted at InjuryBoard by Mike Bryant

Question of the day: How should I fill out forms?

Mike Bryant — Wed, 24 Jun 2009 09:33:00 GMT

During the month of June, I am addressing common questions that get asked in our practice. Today's Question is: How should I fill out forms?

You should always tell the truth. Keep in mind that these forms are very important and will be looked at by adjusters, defense attorneys, and even potential jurors someday. Thus, sloppy and/or incomplete answers can play a big role in your case later on. As with signing anything, we always suggest that you consult with a skilled personal injury attorney before filling forms out for the insurance company. With your own doctor, you may want to ask them what exactly they are asking about before you fill out long questionnaires. These are very important answers, and need to be taken seriously.

Originally posted at InjuryBoard by Mike Bryant

Question of the day: What is my case worth?

Mike Bryant — Fri, 12 Jun 2009 13:20:00 GMT

During the month of June, I am addressing common questions that get asked in our practice. Today's Question is: What is my case worth?

Very rarely can anyone tell you that at the start of your case. If your damages are serious and there is minimal coverage, the settlement may be quicker because of those limits. But there are often issues beyond that, such as subrogation rights, other coverages or defendants who may need to be investigated before the settlement. But, if you have the usual case, it will depend upon the way the injuries affect your life, the opinions of your doctor, and what ongoing medical care that you need which will determine the case value. As I tell each client, your hope is that your case isn't worth much. That means you got better. Those are some of the happiest clients I've ever had. They didn't get much, but their bills were paid and they have no ongoing issues.

Originally posted at InjuryBoard by Mike Bryant

Question of the day: What if I have a question?

Mike Bryant — Mon, 08 Jun 2009 13:02:00 GMT

During the month of June, I am addressing common questions that get asked in our practice. Today's Question is: What if I have a question?

Call your attorney. When you signed the retainer, you hired the law firm to work for you. It's important that you feel you are informed and have your questions answered, but always remember you didn't hire a mind reader. So if you are sitting at home or talking to friends and it hits you that you have a question, write it down and call.

Originally posted at InjuryBoard by Mike Bryant

Question of the day: How long will my case take?

Mike Bryant — Fri, 05 Jun 2009 13:57:00 GMT

During the month of June, I am addressing common questions that get asked in our practice. Today's Question is: How long will my case take?

In many cases, we can look at evaluating and working to settle your case between 8 months and a year after your injury. The need for further medical care or doctors who request more time before providing a medical opinion may require this time to be longer. Limited policy limits can lead to cases being settled earlier.

The time of year can be important to ensure that you make it through a year's life cycle. For example, snowmobiling or playing softball may cause problems that you won't even know about until you try, months later. The key issue is that a full picture needs to be obtained to ensure the full presentation of all of your damages.

Originally posted at InjuryBoard by Mike Bryant

When Is Your Case Worth $500.00?

Mike Bryant — Thu, 28 May 2009 12:25:00 GMT

When Is Your Case Worth $500.00? The answer for a person in a car collision in Minnesota is almost never. There are cases that are worth nothing and there are cases that are worth substantially more. Despite that, I regularly meet with potential clients who have been offered that amount, people who will tell me that their passenger just settled for that amount that very week, and with parents who have settled cases for their children for that total.

It amazes me, but for the insurance company it's a way to get out of liability and to close the file. They know that there is a percentage of people who really need money, so they will prey on that group. In these economic times, it would be interesting to know how often this happens.

There are a number of points to consider:

- For a minor, there is no way that they can settle the case without Judicial approval. I've seen companies try to get around this, but it's the law.

- When the settlement discussions are going on, how does the adjuster not reach the point of practicing law? Are there questions about: if the person needs a lawyer, about the value of the case, or discussions about fault? All of these get very close to giving out legal advice. I do it and I need to follow up with information on the statute of limitations. The non lawyer does it and they are breaking the law.

- Most car collisions involve the tort thresholds in Minnesota. Basically, you need to have $4000 in medical expenses, a permanent injury or 60 days loss of enjoyment of life. You meet one of those and you have a claim for pain and suffering. You don't and you have no claim other than the bills and your property damage. I look at the $500.00 offer this way. If you meet a threshold and have a permanent injury, is there any way that is worth $500.00? If you don't , well what did you really lose by waiting and making sure?

- Most of these settlements are quick. They take place within days or weeks of the collision. While some cases can be evaluated at that time, usually it takes time to get a full view of your injuries and to also get through a year's cycle. Is there something that you do in the winter or summer that will cause you problems? It's worth waiting to make sure you can play softball or snow mobile without problems.

Fellow Injuryboard member, Steve Lombardi hit the issue right on point with the following:

Insurance adjuster talk to those filing claims for two reasons and only two reasons – and I can prove it. Here are their reasons for wanting to talk to you.

1. To see if they can get you to say something that gives them a reason to deny your claim.

2. Or, to see if they can get you to say something that allows them to pay you less than the law reasonably requires.

Here let me prove I’m right. If I'm wrong you should be able to recall one time an adjuster said something similar to this.

Name one adjuster, who has ever said to someone filing a claim,

Adjuster: “How much do you want to settle your claim?

Mr. or Mrs. Injured Person: “Well, how about a $1,000.00 for the pain and suffering?”

Adjuster: “No I can’t pay you that much, it wouldn’t be fair. You’re entitled to more than what you’ve asked me to pay you. How about if I pay you more than you asked for, would you accept more?”

Originally posted at InjuryBoard by Mike Bryant