Legal Question in Personal Injury in Mississippi

Re: Determing Value of Injury Claim

First understand that you are probably at a disadvantage because the adjuster has dealt with more accidents than you have. Second, realize that the adjuster's job is to get you to settle the claim for as little as possible. Mr. Pettigrew gave some good advice, but unless you have had legal training you can not fully understand all the points of contention involved. I agree that you should retain the services of an attorney. Realize that you probably will take home MORE money by getting an attorney NOT less.

To get more to your question though, realize that you have two claims: property and medical. You may settle all, some, none. Property equals your car. Meds include hospital, doctor, ambulance, loss work, towing etc. You may get anywhere between 3x and 6x.

Let me know if I can be of more assistance.

Re: Determing Value of Injury Claim

On 1/7/02 I received your msg posted 1/7/02. This response is not confidential and is based solely on the facts presented in your email. Also, it is not based on any supporting examination of the law. Instead, this response is based on my general experience, and resulting opinions. No attorney-client relationship is formed by this response.

The measure of your damages starts with an examination of your medical costs. Your treatment will give a basis for determining the intensity and duration of your pain and suffering. Your treating physician can provide a written opinion describing your presenting symptoms, diagnostics, other analysis, treatment, prognosis for your injury, expected disabilities if any, and any foreseeable possible changes in your health now and in the future. Then, consider how that has affected your life now and how it might affect your life in the future. Also, consider how the injury has affected the lives of your family members. Use your expected medical costs and any other costs that you have incurred as a minimum. Add your doctor's estimate of how much your future foreseeable medicals will be. Then ask yourself how much money would you be willing to pay to rid yourself of your present and future foreseeable pain,suffering, and disability. Add that amount to your calculation. Add the cost and devaluation of your property damage. Add the effect the injury has had on your income. Add the effect the injury has had on your quality of life. Then subtract how much it would be worth to you to avoid the time, imposition, and risk of going to court.

The Courts would approve any amount a jury believes fair that does not shock the conscience. The insurance companies like to use multiples of 3 to 7 times your actual dollar costs for medicals. Also, they seem to believe that if you retain an attorney any settlement will be somewhere around 33% more than they could have gotten you to settle otherwise. They are also more comfortable settling for amounts in the ball park of settlements for similar injuries and less than amounts known to be awarded by juries for similar injuries. Such information may be available at a local law library. Caveat - Once you make a demand the insurance company representative will be very reluctant to later consider a demand for a greater amount.

The standard according to the law is that you are entitled to sufficient compensation to make you whole again physically and mentally, realizing that money will always be a poor remedy. Lastly, you are entitled to all actual damages, including real and consequential.

Even though you may arrive at a reasonably satisfactory settlment on your own. You probably won't without the assistance of an attorney. Therefore, you shold get help from an attorney if you can't afford to make a mistake.

Re: Determing Value of Injury Claim

You are entitled to the property damage ( the loss of the vehicle), the loss of use of the vehicle, the value of your missed work, the medical expense that you are out, the pain and suffering that you have endured, and any permanent injury that you may have suffered. Although each case is unique, basically, insurance companies settle for multiples of the damages. What you must do is make your case to the insurance company adjuster, and if liability is admitted, then make your case for damages.

Jeff Navarro