Should you Accept the Insurance Company's First Offer?

What’s the Formula for a Florida Personal Injury Settlement?

Posted by Guy DiMartino | Jan 23, 2013 | 0 Comments

Florida personal injury lawyer, Guy S. DiMartino, DC, JD, talks about the formula used to determine the value of a Florida personal injury settlement

 

The Issue

There is a lot of misinformation out there regarding the value of a personal injury case.  This misinformation can come from advertisements or well meaning family members or friends.  For instance, I have had many folks come into my office and say that their case is worth so and so, and when I ask them how they came to that amount, they said things like:

  • A friend of mine received X in their car accident case
  • Everybody knows the value of a car accident case is 2.5 or 3 times medical bills
  • I feel that I'm entitled to so and so because of…

The Truth

The truth is there is no formula used to determine the value of a personal injury case. Some insurance companies use claims adjusting software that takes a lot of data points, gives varying degree of weight to certain data points, and cross references the information against nationwide jury verdicts to determine a settlement range.  Other insurance companies have guidelines and the individual adjusters use their experience.  The truth is that I can submit the same demand and information to three different insurance companies and get three different bottom line offers.

Factors that Determine the Value of Florida Personal Injury Case

A number of factors are used to determine the value of a Florida personal injury case:

  • The facts of the accident – the more egregious the facts – the higher value of the case
  • The nature and extent of the client's injuries
  • The type of medical treatment received
  • The type of medical treatment that will be required in the future
  • The amount of lost wages
  • The loss of the ability to earn money in the future
  • How has the injuries impacted the  person's life
  • Past injuries
  • Criminal history
  • Underlying medical conditions
  • Scarring and disfigurement

Insurance and Collectability of the Defendant

An overriding factor in all personal injury cases is the availability of insurance proceeds and the financial solvency of the person or corporation that caused the injuries.  A person can have severe injuries but if there is no insurance and the person who caused the injuries is on the verge of bankruptcy – the true value of the case may zero. Finally, the amount of insurance available and the perceived risk on the insurance company or insured also drives settlement value.

Conclusion

If somebody tells you that they can tell you the value of your personal injury case within a week or two of the accident without having the above information at their disposal is not giving a fair assessment of the case.  As you can see, there are so many issues that go into the equation in determining fair value for a personal injury case.

If you have any questions about a Florida personal injury case, contact Guy S. DiMartino, DC, JD at (352) 267-9168 or fill out the Internet Consultation Form on the right.

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and life’s passion is helping the seriously injured receive complete compensation for their injuries. I am a Florida Board Certified Civil Trial Attorney. What that really means is that I am no stranger to the courtroom.  I have successfully tried and handled serious cases in state and federal courts.  My backgrounds in both law and chiropractic medicine have given me a unique perspective, extensive knowledge, and wide experience to serve those I represent. For years as a chiropractic physician, I treated my patients to alleviate their pain and suffering. Now as their lawyer, I fight to bring them financial compensation for their pain and suffering. During my years of service, I have handled many traumatic injury cases ranging from the traumatic amputation of a limb to brain and spinal cord injury.  I consider it an honor to serve you and your family. When a person entrusts me and I accept to represent them, I don’t take that relationship and responsibility lightly. My approach is that we work as a team. We are partners and our goal is the best outcome for you and your family with the highest level of communication throughout. I am always available by phone or email to discuss my potential representation of your injury case. I handle cases throughout Florida. Education: National University of Health Sciences – BS (1984), DC (1986) Valparaiso University School of Law – JD, summa cum laude (1999) Bar Admissions: Florida (2000), Indiana (1999), Illinois (2000, expired); US District Courts of Appeals (11th Circuit, 7th Circuit); United States District Courts: Southern and Middle Districts of Florida; Northern and Southern Districts of Indiana; Northern and Central Districts of Illinois; and District of Colorado. Certification:  Civil Trial, Florida Bar Guy DiMartino on Google+ – Circle Guy on Google+ Guy DiMartino on Google+

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What distinguishes my firm from the many injury firms throughout the state is my background as a chiropractic physician treating injured patients for 17 years. This gives you the benefit of having someone fighting for you that understands the nature and extent of your injuries and your road to recovery.

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