Re: Personal injury question

> A couple of months ago, my wife bit down on a handful of
> potato chips, which included a one-inch long and 1/8-inch
> wide piece of plastic that crushed one of her side teeth.
> She needed a root canal and a crown, which she got, and
> which the chip company seems willing to pay for.  My wife
> seems to think that the company will offer her quite a bit
> more than the dentist bill in order to avoid a lawsuit
> (root canal was a painful procedure, etc).  She is actually
> considering getting an attorney if the chip company doesn't
> throw her some extra cash.  My question is; is there some
> dollar amount over the total medical expenses that liable
> companies tend to offer up in order to appear 'fair', and to
> avoid lawsuits?

I'm often asked the question that's on everyone's mind when it
comes time to discuss settling a personal injury case--"How Much
Is It Worth?" Unfortunately, there's no simple answer. While it's
easy to determine damages in a contract case, it's much harder to
put a dollar figure on, say, the loss of use of one's legs.

To explain how lawyers reach the recommendations they make in
evaluating personal injury cases, I offer, as a small portion of
the factors I consider, the following:

1. The detailed facts about how, when, where and why the injury
occurred, to determine liability, assess what defenses may be
available and estimate the degree of fault which may be assessed
against the injured person and the defendant;

2. The injured person's medical history before and after the
injury;

3. Past and future medical expenses, including hospital, doctor,
drugs, therapy and other expenses incurred for diagnosis and
treatment;

4. Past and future loss of income arising from the injury;

5. Other past and future monetary losses arising from the injury;

6. How the injury has affected the injured person's ability to
perform the activities engaged in before the injury, including
work, sports, social, household and recreational;

7. How much insurance the defendant has; or if there is no
insurance, whether the defendant can pay a judgment;

8. The injured person's work history, marital status, educational
history, and appearance, credibility and demeanor as a witness;

9. The ability of the injured person to train for and perform
other work, the cost of retraining and the income which might be
earned after retraining;

10. The defendant's appearance, credibility and demeanor as a
witness;

11. The availability and credibility of expert and non-expert
witnesses on liability and damage issues;

12. The applicable law in the state(s) where the case would or
could be filed;

13. Whether the case could be filed in or removed to federal
court and, if so, which one(s);

14. A history of jury verdicts in similar cases in the court(s)
where the case would be tried and a "feel" for how a jury there
would be likely to react to the case;

15. The estimated cost of taking the case through trial and
possible appeal.

Depending on the case, there will be other factors to consider
before a proper evaluation can be made. These include the
existence of liens against the claim, the willingness or
unwillingness of the injured person and the defendant(s) to
engage in what could become a lengthy legal battle, the relative
skills of the attorneys, judicial attitudes, etc.

Insurance companies give their adjusters special training to
teach them how to play on the lack of knowledge of people who
aren't represented by attorneys, because they simply don't know
this sort of stuff. Do yourself a favor--get a lawyer. You won't
be able to get anywhere near what your case is worth without one.

Brett

*****************************************************************
* Personal Injury/Malpractice                        Bankruptcy *
*                                                               *
*                        BRETT WEISS, P.C.                      *
*                        Attorneys at Law                       *
*                Maryland, D.C. and Federal Bars                *
*                        [EMAIL PROTECTED]                       *
*                  http://www.erols.com/lawyer                  *
*                                                               *
* Small Business                      Estates & Estate Planning *
*****************************************************************

The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
and the law applicable to your situation.
*****************************************************************