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What is My Case Worth?
What is my case worth?
In the early stages of a case, it is just about impossible for a personal injury lawyer to answer that question with any certainty because there are too many unknowns:
What were the circumstances leading up to the accident? How were you involved in the accident? What is
the extent of your injuries? How will your medical history impact your case?
Every injury accident involves these unique issues and more. There are, however, certain constants that run through every case, and your personal injury attorney can rely on these in estimating what your case is worth. Regardless of how you were injured, the following eleven factors will have a significant impact on the value of your claim.
1. CONTRIBUTORY NEGLIGENCE
How strong is your evidence that the defendant (the person you claim is responsible for your injuries) was at fault? Were you at fault, in any way? Alabama is one of the few states that recognizes the defense of contributory negligence. Contributory negligence is a defense to a negligence cause of action that bars a plaintiff from making any recovery if his own actions contributed to causing the injury. In other words, Alabama’s contributory negligence law can prevent a plaintiff from recovering compensation in a personal injury claim if the plaintiff was in any way at fault.
2. MEDICAL EXPENSES AND TREATMENT RECORDS
Your medical expenses will be a primary concern of the insurance adjuster evaluating your claim for settle-
ment purposes. The adjuster will consider:
• The nature of your treatment: Do your medical bills reflect a hospital stay, physical therapy, medical and osteopathic treatment, diagnostic tests, orthopedic devices, and prescription pain medications? A hospital stay will be stronger evidence of an injury than will a few chiropractic sessions, a series of negative diagnostic tests, and over-the-counter analgesics.
• The proportionality of your treatment: Do your medical expenses appear to be out of proportion to your claimed injuries? If so, the value of your claim may be reduced.
• The correlation between your medical bills and your treatment records. If you claim certain medical expenses, but have no documentation of treatment that correlates with the claimed expense, that bill is not likely to be paid. Even worse, the insurance adjuster may wonder if other aspects of your claim are being padded or exaggerated.
• Here is the bottom line: If your medical bills are well documented and relate to actual injuries, your claim will be worth more than if your medical bills do not correspond to specific treatment records or relate to tests that revealed no discernible injury.
3. QUALITY OF MEDICAL INFORMATION
The quality of the medical information available in your case can greatly impact its value.
The strongest type of medical information is a narrative report from a well-respected medical doctor, explaining the nature of your injuries. A narrative report is one in which the doctor uses his own words to tell (or “narrate”) the story of your injuries, including your diagnosis, treatment, and prognosis. The more detailed, fact-specific, and decisive a narrative it is, the more it will help your case. Broad generalizations or hedging (“maybe” “possibly”) will be less helpful. Detailed office notes, typed so they are legible, also add value to your personal injury claim, as do detailed hospital nurses notes.
4. NATURE, SEVERITY AND EXTENT OF YOUR INJURIES
Fair or not, insurance companies (and most jurors) place a higher value on some injuries than others.
Specifically, injuries that can be readily documented and confirmed by objective evidence are worth more than injuries that cannot be established by an objective medical test. This means, for example, that a broken clavicle is worth more than a “whiplash,” or a strained back, or mental and emotional pain and suffering. In most cases, a broken bone will heal faster than these “subjective” injuries, but because jurors can see a broken bone and empathize with the injured person, they tend not to question the legitimacy or severity of the injury.
Likewise, if your doctor has indicated that any aspect of your injury is “permanent,” this factor, alone, will increase the value of any settlement by a fairly substantial amount. Your medical bills can be low, your loss of income can be low and your injuries may be fairly minimal, but if you have some permanent impairment, scarring or disfigurement, the settlement value will increase. Again, because claims adjusters and jurors can see this type of injury, it is worth more than a subjective claim of pain or other injury that cannot be objectively verified. Finally, a pre-existing injury to the same area of the body for which you are now claiming an injury may lower the value of your claim. If, for example, you injured your knee while skiing several years ago, the insurance company may argue that your current problems stem from that previous skiing incident, not from the more recent auto accident.
5. LOST INCOME
The value of your case is proportional to the amount of money you have lost in terms of wages or salary or profits.
In most cases, this type of economic loss can be easily and accurately calculated and documented. For example, an hourly wage earner who produces a letter from her employer, supported by personnel records, documenting X number of hours lost at Y dollars-per-hour, will have a strong case for recovering the full amount of her losses.
In other cases, the calculation is not so straightforward. A self-employed business owner who keeps poor records, or a waitress who earns a good portion of her wages from (unreported) tips, will have a much more difficult time recovering the full amount of her economic losses.
6. COLLISION DAMAGE
Were you involved in an auto accident in which you sustained a significant whiplash or other soft-tissue
injury, but your car sustained little more than a scratch?
These types of moderate impact/significant injury collisions are not uncommon. Car bumpers are designed to absorb a greater impact today than they were even ten years ago. Jurors, however, don’t often see it this way. Most jurors come to court believing that a person cannot be seriously injured in a minor impact collision. For these jurors, the greater the damage to your vehicle, the greater the value of your case. Your personal injury attorney may be able to persuade the jurors and/or the claims adjuster of the severity of your injuries by obtaining photos of all the cars involved in the accident.
Significant damage to the defendant’s vehicle may be sufficient objective proof to convince an insurance adjuster or a jury that you sustained more than minimal injuries.
7. THE “LIKEABILITY” FACTOR
Will jurors like you? Will jurors like you more than they like the defendant? If the answer to either of these
questions is “yes,” you may get a higher settlement offer from the insurance company.
Consider the type of defendant you are dealing with. “Bad” defendants are easily recognizable – the building owner who refused to fix the stairs, despite repeated warnings they were dangerous; the pharmaceutical company that continued to manufacture a drug, despite knowledge of dangerous or potentially lethal side-effects; the repeat-offender drunk driver; the bartender who served an obviously impaired person. In most cases, however, you will be dealing with a “good” defendant who made a poor choice or who was not as careful as he should have been in that particular moment. Those defendants – e.g., the elderly driver; the mother distracted by her infant crying in the backseat; the neighborhood business owner who didn’t see the grape on the floor — tend to lower the value of your case because jurors will have some sympathy for their situation.
In these cases, jurors may be hesitant to blame the defendant too harshly, reasoning “There, but for the grace of God . . . .”
8. QUALITY OF WITNESSES
Do you have strong, objective witnesses on your side, or is your strongest witness a family member or close friend? Is your treating doctor willing and able to testify regarding the nature and severity of your injuries, your treatment, and your prognosis for recovery? Your case is only as strong as your evidence, and your evidence is only as strong as your witnesses.
9. INSURANCE COMPANY
Just like people, some insurance companies are more generous than others.
Large, national insurance companies tend to be very conservative (i.e., tightfisted) with their settlement dollars, especially in smaller cases. These carriers have the resources and the time to take a case to court, even if they know they will lose that particular case and dozens more like it. The cost to defend a minor auto accident case is usually under $10,000, which is sometimes close to the value of the case itself. Large, conservative insurance carries often are willing to pay this price to send a message to other injury victims and their lawyers.
10. WHERE YOUR CASE IS SEATED
Where you file your claim can have an impact on the value of your case. Jurors in some states, counties and cities traditionally render low personal injury verdicts. Conversely, jurors in other jurisdictions (e.g., New York, Florida and California) tend to award higher jury verdicts. You and your personal injury attorney must consider the history of jury verdicts in the particular location where your case is seated. You can bet the insurance claims adjuster will take this information into consideration before making any settlement offer.
Your personal injury attorney also will consider the governing law in your jurisdiction. Will a state law or local ordinance make it more difficult for you to prevail at trial? Did a judge recently rule in favor of the injured party in another case with facts similar to yours? If the law is on your side, your personal injury attorney can use this as leverage to enhance the settlement value of your case.
11. PASSAGE OF TIME
In general, the longer it takes a small personal injury case to get to a jury, the lower the jury’s verdict will be.
If, for example, you filed your lawsuit almost a year after the accident, and it takes another five years for your case to get to trial, the jury will be hearing about events that happened several years ago. Jurors may find it hard to empathize with you, especially if your claim is for pain and soft-tissue injuries, which lasted just a few months and have long been resolved.
IN CONCLUSION
The eleven factors listed here, as well as other factors unique to your particular situation, will impact the value of your case. An experienced personal injury lawyer can analyze the strengths and weaknesses of your case, within the framework of these factors, and help you make informed decisions about how best to resolve your claim.
The period between Memorial Day and Labor Day is historically the most dangerous time of year for teen drivers. Some research shows up to 30% of all teen driving fatalities occur during the summer months. Teen drivers lack experience, and the summer months provide multiple reasons for increased risk. Not only is there more daylight and warmer weather, but most teens are out of school and have more free time to be behind the wheel. Here are five safety tips for your teen driver to practice, not just in the summer months but all year long. 1. Avoid Distraction . Research shows as high as 60% of all teen vehicle crashes involve driver distraction. One common misconception is that cell phones are the number one cause of distraction for teen drivers but that is actually not the case. Other passengers create more distractions for teen drivers than any other source. 2. Buckle Up . It is discussed so often that it may seem trite but seatbelt use is proven to reduce fatality rates in motor vehicle accidents. but data shows buckling up can reduce the risk of fatal injury by as much as 45%. 3. Impaired Driving . As high as 15% of all teen driving fatalities involve a blood alcohol content of more than twice the legal limit. 4. Limit Passengers. Most states, including Alabama, have graduated license laws restricting the number of passengers in vehicles operated by teen drivers. Literally all available data associates fewer passengers with lower fatality rates in motor vehicle accidents involving teen drivers. 5. Reduce Nighttime Driving. The fatal crash rate of 16-19-year-olds is nearly 400 times higher at night than during the day.
Identity theft affects millions of people each year and can cause serious harm. Protect yourself by securing your personal information, understanding the threat of identity theft, and exercising caution. Here are 10 things you can start doing now to protect yourself and your loved ones from identity theft: Protect your Social Security number by keeping your Social Security card in a safe place at home. Don’t carry it with you or provide your number unnecessarily. Be careful when you speak with unknown callers. Scammers may mislead you by using legitimate phone numbers or the real names of officials. If they threaten you or make you feel uneasy, hang up. Create strong, unique passwords so others can’t easily access your accounts. Use different passwords for different accounts so if a hacker compromises one account, they can’t access other accounts. Check out the Federal Trade Commission’s password checklist for tips. Never give your personal or financial information in response to an unsolicited call or message, and never post it on social media. Shred paper documents that contain personal information, like your name, birth date, and Social Security number. Protect your mobile device from unauthorized access by securing it with a PIN, adding a fingerprinting feature, or using facial recognition. You can also add a password and adjust the time before your screen automatically locks. Regularly check your financial accounts for suspicious transactions. You can also request and check a free credit report from each of the three credit bureaus every year: TransUnion , Equifax , and Experian . Avoid internet threats by installing and maintaining strong anti-virus software on all your devices—including your mobile device and personal computer. Use a virtual private network (VPN) to stay safe on public Wi-Fi. Do not perform certain activities that involve sensitive data, like online shopping and banking, on public Wi-Fi networks. Protect yourself on social media by customizing your security settings and deleting accounts you no longer use. Also, double-check suspicious messages from your contacts, as hackers may create fake accounts of people you know. Never click on any link sent via unsolicited email or text message—type in the web address yourself. Only provide information on secure websites.
Every accident case is different. Some settle more quickly than others. However, it is not uncommon, for a personal injury case to take a year or more to resolve after the case has been filed in court. Evaluating the Injury Prior to filing a lawsuit, it takes time to determine the full extent of your injuries. Doctors are often unable to give an opinion about the seriousness of an injury until your condition has stabilized. In serious injury cases, it may even take a year after the accident before your doctor can say whether or not your injuries are permanent. It is extremely important to take the necessary time to fully evaluate your injuries. You have only one chance to prove the extent to which you have been harmed. Once you accept a settlement offer, that decision is final. You cannot go back and ask for more money if you later find out your injuries are more serious. An experienced personal injury attorney knows how to keep your case moving through the legal system. Your personal injury case may move through these stages: 1. Written Discovery The written discovery period can last over six months. You will be asked to answer written questions (interrogatories) under oath. You will also be asked to produce documents or authorize others to produce documents such as accident reports and medical records. 2. Depositions During a deposition, you will be asked questions under oath. A court reporter types a record of everything that is said. Not only will you be questioned about the accident and your injuries, you will be asked questions about what your health, education, and work were like before the accident. 3. Mediation and Settlement The Court almost always requires a settlement conference or mediation before personal injury cases can go to trial. At mediation, a neutral trained mediator goes over the issues and evidence with the parties to help guide them toward a settlement agreement. 4. Trial If your case does not settle and goes to trial, a jury decides what your injury is worth. It can take eighteen months or longer to get the trial scheduled. Once the trial is over, there may be further appeals and motions. It's possible for the parties to settle the case during trial or even after trial in order to end an appeal. Your best strategy is to contact an attorney with experience in handling personal injury cases. Your attorney can give you an estimate about the length of time it takes to resolve your type of case. Also, ask your attorney to give you frequent reports on the status of your case so you know that your case is making its way through the legal process. It's understandable that you may be frustrated at the speed your case seems to be moving. However, you should never rush to take the first settlement offer made by an insurance company. The first offer is rarely your best settlement offer. .
Distracted driving has been on the increase for the last several years and continues to be one of the leading causes of vehicle accidents throughout the United States. If you are texting and driving down the highway at 55 mph, that’s like traveling the length of a football field with your eyes closed. You can only drive safely when your full attention is on the road. Any activity that isn’t related to driving is a potential distraction and increases your risk of a collision. While most research points to a mobile phone as the number one culprit, it is far from the only activity potentially stealing a driver's attention. Eating or drinking, grooming, radios, other passengers - especially children, and even pets can also be significant factors. Distracted driving accidents are preventable 99% of the time. Driving can become mundane at times, but we all must remember when driving we have an obligation to the safety of not only ourselves but those who ride with us and other drivers we share the road with. Some studies show listening to podcasts or certain types of music can enhance our concentration. It’s important to practice safe habits behind the wheel. You want to make sure that your passengers know how serious you are about driving without distractions. One of the most effective ways to lead is through example. Be a good example for your friends and family by avoiding driving while you’re distracted.
We see this question all the time. The injured party doesn’t want to use their own health insurance to pay for an injury. They believe it is the responsibility of the person at fault to pay for their medical bills. That may feel like the right position for an accident victim to take but the truth is, most of the time the injured party will end up with a larger settlement if they do, in fact, use their own medical benefits. Here's why; Health insurance companies have a negotiated price for medical services that is about 15 percent less than what people have to pay who don’t have health insurance. If your medical bills are $50,000.00 but Blue Cross Blue Shield pays $15,000.00 and the person who caused the wreck has $50,000.00 in liability coverage, that leaves $35,000.00 available for the injured party versus $0.00. Generally speaking, Blue Cross Blue Shield will reduce the $15,000.00 to $10,000.00 leaving $40,000.00 available. The point is that there’s more money available when you take advantage of your healthcare negotiated rates whether it’s United Health Care, Medicare, Medicaid, or Blue Cross Blue Shield. More money is better. Using your health insurance to pay your medical bills if you are injured, will almost always end up maximizing your settlement.
Once you reach the age of 65 you have many more options than before. As you know if you go on Medicare and you are under the age of 65 your options for health plans are limited. When you turn 65 you will have another open enrollment period to sign up for any plan you wish to get. In other words, just because you are already on Medicare does not prohibit you from having all the options a person not on Medicare and turning 65 would have.
This is one of the questions we get asked the most. In most cases, the answer to this is “no”. When you turn 65, if you are still working and on your employer’s health insurance plan you probably will not need Medicare Part B. I say probably because most employer plans do not file on Medicare if you have a claim. Because you have to pay a premium for Part B, Medicare does not require a person to sign up for Part B as long as you are on your employer’s plan. Also, because the rules can differ for companies with less than 20 employees, the safest thing to do is check with the benefits coordinator at your place of employment for guidance or call us at our office.
Social Security: 3 main reasons why the Government can deny Disability Benefits
For many working Americans, when the unexpected happens and they can no longer work due to a serious medical condition, Social Security Disability Insurance (SSDI) benefits can be a financial lifeline. Most American workers contribute to Social Security through federal payroll taxes. Social Security is designed for income during retirement years however if an individual’s working years are cut short by a severe, long-term illness or injury, they may need income before reaching retirement age. For many who find themselves in these circumstances SSDI provides monthly financial assistance. Seven facts every American should know about the SSDI program 1. SSDI is coverage that workers earn. If an individual has paid enough Social Security taxes through their lifetime earnings, SSDI is intended to provide support by replacing some of their income when they become disabled and unable to work. 2. The Social Security Administration (SSA) has a strict definition of disability. The SSA considers a person disabled if they can’t work due to a serious medical condition that is expected to last at least one year or result in death. SSDI is intended as a long-term solution and is not intended to offer temporary or partial disability benefits. 3. Disability can happen to anyone at any age. Serious medical conditions, such as cancer and mental illness, can affect the young and elderly alike. Studies prove one in four 20-year-olds will become disabled before retirement age. As a result, they may need to rely on Social Security disability (SSDI) benefits for income support. 4. SSDI payments help disabled workers to meet their basic needs. SSDI is not and was never intended to be a full wage replacement. The average monthly Social Security disability benefit is $1,280, as of April 2021, which is intended to allow an individual who has become disabled to meet their basic needs. 5. Social Security works aggressively to detect and prevent fraud. Every American worker who pays federal taxes invests in SSA. The agency is committed to protecting their investment by taking a zero-tolerance approach to fraud. The agency claims a fraud incidence rate that is a fraction of one percent. 6. SSA helps people return to work without losing benefits. Often, people would like to re-enter the workforce. However, many worry they will lose disability benefits if they try working again. They may also fear losing benefits if they are unsuccessful in returning to work. The agency has many programs designed to connect an individual to free employment support services while helping them maintain benefits, such as health care. 7. Millions of disabled Americans depend on SSDI benefits. Nearly 10 million disabled workers and their spouses and children receive benefits through SSA.
A circuit judge in Sarasota ruled Monday that the verdict in a legal malpractice case against the Morgan & Morgan law firm should stand. The judge also denied Morgan & Morgan’s motion for a new trial and another motion to reduce the $5 million award determined by the jury. Attorney Donald St. Denis of St. Denis & Davey in Jacksonville, who represented the plaintiffs in the malpractice lawsuit, said Friday he has a hearing scheduled Tuesday in Sarasota on a motion to award his firm $1.6 million in attorney’s fees and costs. “We’ve been working on this for two years. I’ve got a ton of time in this case,” he said Friday. St. Denis made offers on behalf of his clients in August 2016 and again in January 2017 for $2.5 million and $4 million, respectively, to settle the malpractice suit before going to trial, but Morgan & Morgan’s counteroffer was only $1,000, he said. Morgan & Morgan intends to appeal the jury’s verdict. John Morgan “This case is a long way from over,” John Morgan said Friday in an email response. “We defended this case because we think we are right. And we will continue fighting it because we still believe we are right. We fully expect to win outright on appeal and have a judgment in our favor entered by the appellate courts.” St. Denis represented Shawna and Rock Pollack in the malpractice action related to Morgan & Morgan’s handling of a personal injury case the couple filed after their child was permanently injured during birth. On Oct. 17, a jury in circuit court in Sarasota County found that Morgan & Morgan attorney Armando Lauritano was 100 percent responsible for Shawna and Rock Pollock losing their rights to a medical malpractice claim against a Sarasota obstetrics practice, a nurse midwife and the hospital where their child was born. The case began Nov. 2, 2006, when Shawna Pollock was admitted to Sarasota Memorial Hospital to give birth. After she was given a hormone to induce labor, the unborn infant began to experience slowed fetal heartbeat and Pollock began writhing in pain. By the time an emergency cesarean section was performed, Pollock’s uterus had ruptured, depriving the fetus of oxygen, which caused permanent brain damage. After the birth, the Pollocks contacted Morgan & Morgan. An investigator from the firm met the couple at Ronald McDonald House, where they were staying while their infant son was in All Children’s Hospital in Tampa. On Feb. 17, 2007, the Pollocks agreed to be represented by Morgan & Morgan. They agreed to pay the firm up to 40 percent of a recovery up to $1 million, 30 percent between $1 million and $2 million and 20 percent of recovery in excess of $2 million. St. Denis argued to the jury that Morgan & Morgan was focused on collecting a large fee for the child’s brain injury claim to the point that its representative failed to provide the required presuit notice of claims for injuries sustained during the delivery by Shawna Pollock, including that she no longer is able to have children. After it became clear that the baby would qualify for no-fault benefits from the Florida Birth-Related Neurological Injury Compensation Association, and after the statute of limitations period for submitting notice the Pollocks intended to seek compensation for their personal loss had expired, Morgan & Morgan withdrew from representing the Pollocks. The jury found that the OB-GYN practice, the nurse midwife and Sarasota Memorial Hospital were negligent in the care of Shawna Pollock. The medical practice and nurse midwife were found by the jury to be liable for $4.5 million in damages and the hospital was found liable for $500,000 in damages, if the Pollocks had not lost their rights to sue for damages. In its $5 million verdict, the jury further found that Lauritano was negligent in his handling of the Pollocks’ interests, that the Pollacks did not freely and intentionally give up their right to seek compensation from the physicians and hospital and that Lauritano was liable for the loss they incurred. original article https://www.jaxdailyrecord.com/article/court-upholds-dollar5-million-malpractice-verdict-against-morgan-and-morgan