Injury Claims - Plaintiff Tactics & Settlement Amounts

The most common basis for injury claims is founded upon the legal definition of negligence. Ordinarily, negligence requires proof that conduct fell below the standard of care used by reasonably prudent persons in the same or similar circumstances.

This standard is a community standard, determined as a question of fact by local juries. Each jury is instructed by the court how questions of fact shall be determined based on evidence offered by opposing personal injury lawyers. Almost all juries genuinely strive to reach a fair result, nevertheless, local bias, preference, and individual experience cause wide variations when deterring the existence of negligence.

Settlement Amounts For Injury Claims

Be aware of the distinct difference between settlement offers for injury claims made by insurance adjusters before and after retaining a personal injury lawyer. Without a personal injury lawyer involved, adjusters tend to value claims according to company policies.

After an lawyer is retained, valuation of injury claims is based upon an adjuster's assessment of liability at trial. Company policies may or may not account of damages to which a claimant is legally entitled, whereas at trial, company policies are irrelevant and damage awards are based upon strict compliance with applicable laws.