Evaluating an Accident, Injury, or Wrongful Death Case: Settlement vs. Lawsuit; Damages, Value, and Worth

Here is information about what Attorney Allison does during the evaluation and settlement of personal injury claims. In addition, he discusses the initial stages of litigation.

Case Evaluation and Settlement

Once you have reached an end medical result (which means that you have fully recovered, or your doctor determines that your condition will not improve with further treatment and you are permanently disabled), we will obtain any remaining documents we may need, evaluate your claim, prepare a demand package, and attempt to negotiate a settlement of your claim with the defendant’s insurance company.

Evaluation: Attorney Allison will review your entire file including all documents concerning liability and damages, and evaluate your personal injury claim. Attorney Allison will consider the following factors:

• Your character: Your character, background, and credibility.
• The defendant’s character: The defendant’s character, background, and credibility.
• Liability: The facts as to how you were injured and who was responsible.
• General Damages: The nature, extent and duration of your injuries, including (these care called general damages):
  • Physical pain and suffering,
  • Mental and emotional pain and suffering,
  • Permanent injuries,
  • Loss of enjoyment of life,
  • Aggravation of a pre-existing condition,
  • Loss of consortium (relationship with family members),
  • The treatment you underwent including any tests (x- rays, MRI, CAT Scan, EMG), physical therapy and/or surgery.
• Special Damages: The amount of your medical expenses and loss of earning capacity (these are called special damages).
• Insurance: The amount of insurance available to cover your loss and whether there may be any other source from which you may receive compensation.
• Experience: Attorney Allison’s experience in evaluating, settling and trying similar cases.
• Demand: Attorney Allison figures the amount of the demand by calculating the sum of your special damages and adding that amount to the value of your general damages.

Demand Package: Attorney Allison will prepare and mail a demand package to the insurance company which will include copies of investigative materials, medical records and bills, loss wage information, and a demand letter. The demand letter will discuss liability, damages, the amount of the demand, and a time within which to respond to the demand.

Offer: The insurer will respond to the demand by either making an offer or denying liability. Upon receiving an offer, we will prepare a breakdown of the offer and mail it to you for your review. This is called a “Proposed Settlement Statement.” Thereafter, we will discuss the offer and, after our discussion, we will respond to the insurer’s offer. You will be kept fully informed throughout any negotiations and you will make any final decisions on settling your claim.

Filing of Lawsuits

If a fair and just settlement cannot be achieved, Attorney Allison will file a lawsuit against the defendant, aggressively prosecute your lawsuit, and, if necessary, go to trial. Prior to filing the lawsuit, Attorney Allison will do the following:

• Discussion: We will discuss with you what is involved after the lawsuit is filed so that you can consider that information before you make your decision to initiate the lawsuit.
• Notebook: A Trial Notebook will be prepared. This notebook contains copies of all important documents concerning liability and damages. Sometimes, several trial notebooks are needed and they are constantly updated. The Trial Notebook is a great tool for organization, preparation and in helping us to keep fully informed about your personal injury claim.
• Bottom Line: We will represent you in a manner that will allow you to focus on your recovery rather than your claim.

Get the legal help you need. For a free legal consultation with an experienced personal injury lawyer, call Robert Allison at 978-740-9433 or send us an e-mail.

More Massachusetts Personal Injury Law Information

• Case evaluation and settlement
• Steps in a personal injury lawsuit
• Proving a personal injury claim
• FAQs about Massachusetts personal injury law
• Why you need a personal injury lawyer

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