Case Value Factors: Insurers Value Objective Injuries and Lost Income
In theory, each case is evaluated on its own merits based on the individual facts and circumstances unique to it. However, any Westlake Village injury attorney will tell you that in reality, insurance companies tend to look at a few specific items in each case to determine what it is “worth.”
Two of the more critical issues are injuries and loss of income.
Injuries, objective vs. subjective
Insurance companies tend to like well-documented cases of objective injuries, such as broken bones, permanent scarring or perhaps the rupture of internal organs. Insurance companies will almost always pay more for these types of injuries than for the more subjective sort, such as soft tissue injuries, muscular-skeletal injuries or emotional suffering.
This has nothing to do with the severity of the injury or the potential time for healing. The insurance company is anticipating what a jury may do should your case proceed to trial. Juries tend to be less than fully supportive of subjective injuries, no matter how unfair that may be. It is possible for your Westlake Village injury attorney to prevail in a case involving mostly subjective injuries, but it will be more difficult.
Loss of income
Insurance companies like records that can be easily viewed. In their opinion, it is best if an hourly employee has lost a specific amount of hours multiplied by a certain rate of pay per hour, verified by the personnel records from the employer.
If you are self-employed, you need to have complete and accurate records and to have regularly paid income taxes. Workers who receive money “under the table” can virtually forget about filing a lost wage claim.
You have rights to recover your damages in a personal injury case, but how you approach the insurance company is important. Gary Mitchell, a Westlake Village injury attorney, knows how best to prepare your case for a maximum recovery. Mr. Mitchell offers a free initial consultation. Call his office at (805) 449-4244 today.