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VOICEOVER: What’s the value of my case?
WES: The value of your case will depend on an incredible number of factors for which information will have to be developed and submitted either to the defendant’s insurer or to a jury, sometimes both. But in general, your damages valuation will center around three things, which we call “elements of damage.”
The usual elements of damages in an injury case are medical expenses, lost wages and future loss of earning capacity, and the pain and suffering. The pain and suffering element also includes some valuation for scarring, disfigurement, and the inability to enjoy life; that is, the loss of ability to do the fun things that you used to do like fishing, hunting, walking on the beach, or maybe running. If you’re married, your spouse also has a claim for her loss of your companionship, the loss of the normal sex life, and the things that you used to do for him or her such as yard work, home repairs, or washing the car. Your spouse’s claim is called a consortium claim, and in some cases it can be complex and but also very valuable.
After all the evidence is gathered in your case, it will be possible to estimate its reasonable value. No computer can calculate it. Nor is there a crystal ball. I wish there were, because this is the most difficult part of the case, putting the right value on it. Demand too much from the insurance company, and negotiations simply won’t happen. Ask for too little, and oh, they’ll be glad to pay it, but you’ll have left valuable money on the table. Only with experience is it possible to strike the right balance.
VOICEOVER: Is it wrong for me to make a legal claim?
WES: I’m sure that other injury attorneys have the same experience with people as I do. At their first visit with me, for which we never charge a fee, many come in a little sheepish and say “I’ve never sued anyone before”. And then they ask if it’s okay to do that. Assuming the other person’s negligence or carelessness caused your injury, you’re perfectly right in making a claim against that person’s insurance carrier. You didn’t ask to be hurt and to have your life disrupted, maybe forever. And think about this...That person paid his insurer a premium for that policy that’s now supposed to pay you for your medical bills, lost wages, and pain and suffering. If you don’t take steps to have the insurer compensate you for these losses, the insurance company will have made a windfall profit. It took money in on the defendant’s premium but didn’t pay anything out for it. It laughs all the way to the bank. And, yes, one more thing. Don’t worry about the person you’re making the claim against, because in Florida and every other state, except in rare cases, the claim in reality is against the insurance company, not the individual who hurt you.
VOICEOVER: If I get legal representation, how will my attorney be paid?
WES: Your attorney will be paid by keeping a percentage of the settlement or court award for your injury. This is called a contingent fee. By law, it is clearly expressed in a contract between you and your attorney. The agreement provides that you will not have to pay for the attorney’s services until the case is settled or resolved in your favor by a court verdict. If the case is unsuccessful, obviously there will no fee to the attorney.
The typical fee for the work involved in investigating the case, preparing all the evidence, submitting it in what’s called a demand package to the carrier, and negotiating a settlement, including resolving all liens and subrogation claims as I discussed before, is one-third of the settlement. That may sound like a lot, but when it’s put into perspective, it’s really very reasonable. I’m not fond of what I pay at the grocery store, but I have to remember that the farmers have devoted their time and money to produce those products for me. In an injury case, you also have to look at the benefit usually achieved by having an experienced injury attorney. Remember what I said earlier about the huge auto insurance company’s training manual for adjusters. It says that on average, you’ll get paid three times the amount of money for your injuries if you’re represented by an attorney compared to those who aren’t. Looked at in that light, the contingency fee is a bargain, because if that average works for you, you’ll double the money that goes into your bank account even after paying the attorney.
WES: Your personal injury case is very important to you. In the tough times we’re in, it’s critical for your financial well being that your case proceed correctly so that your bills will get paid and you will be fully compensated for your suffering. It is also important that you have a positive attitude throughout your case. The Constitution of the United States, our state laws, and fairness dictate that injured victims should be compensated for injuries that are inflicted on them by others. Whether you choose to be represented by an attorney or take your chances by going it alone, this is the law, and it is on your side.
I’m Wes Pittman. And I’ve been representing injured people for over 30 years. It’s what I do best. If you have any questions, you can call me 24/7 at 784-9000.
VOICEOVER: Ask Wes 784-9000
