Commitment Precision & Results - Jacksonville, Florida

What are "Soft-tissue" cases worth?

If you are wise enough to retain counsel very quickly after the incident causing your injuries, your attorney cannot yet evaluate your claim, because your attorney cannot know what the objective tests will determine, whether you are going to suffer from a herniated disc or simply “whiplash”, whether your physician will have an opinion as to whether or not you have suffered a permanent injury as a direct and proximate result of this incident, all factors which carry great weight in determining the value of your claim.

The bottom line is that the values of claims in which there is little property damage, no positive results of any objective testing, no unpaid medical bills and little or no lost wages, the settlement value of such claims usually varies between zero and $5,000.00. On the other hand, generally speaking, if there is great property damage, substantial positive findings from objective medical tests, and, in addition to that, substantial lost wages and unpaid medical bills, the likelihood of that type of case having a settlement value in excess of $10,000.00 or $20,000.00 is substantial.

Most people are very disappointed to learn that they have been injured in a manner that continues to bother them and cause them great discomfort, and their physician informs them that there is a permanent condition from which they will suffer from the rest of their life, only then to learn that their claim is worth $5,000.00 or less. The reason for this is simple. While this is probably the only such case that you have in your life, the insurance companies have thousands and thousands of these cases. They know that juries are most suspicious of personal injury claims where there is little property damage, little or no lost wages, no objective findings from any medical tests, especially where another doctor (the insurance company’s “Independent Medical Examination” doctor) comes to testify that they cannot find any objective reason in the world that you are claiming the injuries that you are claiming.

A great many of these cases are being tried, and a substantial percentage of these cases are rendering jury verdicts for the defense, meaning that the Plaintiff receives nothing. When this is combined with the law regarding Offers of Judgment and Proposals for Settlement (which will be explained in more detail later), the end result is that the settlement value is simply very small.

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Jacksonville, FL 32202
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