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Four Secrets to Maximizing Settlement Value of Maryland Personal Injury Cases

Is there a secret formula for calculating settlement value of personal injury cases?  Based on Internet search you would think there was. 

Is There a Formula for Calculating the Value of My Settlement?

There is no settlement value formula or insurance settlement calculator that can determine or even estimate what the payout for your case will be.  Our lawyers wish it was that simple.  It is not.  

Juries don't use mathematical algorithms to compute claim value. Yes, sometimes the appropriate payout for settlement is a multiple of the quantifiable damages (a.k.a. “specials” or “special damages”). It is mostly a coincidence when this happens.

There is, however, real information that can help you better understand the settlement value of your case. Our system of civil justice requires juries to monetize injuries. But injuries are just not readily monetizable. Ultimately, the best that we can hope for is to find a settlement range that your case will fall into.

Settlement value is essentially based on what a jury would award you for what you went through because of your injury. That number is the sum of your pain, your suffering, your bills, and your lost wages. Using a formula would not capture the details of each individual person’s case.

When insurance companies use formulas, such as when they say, "we are offering $50,000 more than the special damages," or, "this offer is 2.8 times the medical bills plus lost wages,” this is nonsense. It is likely they are not taking into account what a fair value would be.

Below, we explain just how cases get valued. If you want to discuss your claim with us at no charge, call 800-553-8082, or contact us online.

How Do I Get the Highest Settlement for My Personal Injury Case?
settlement

Our goal in any accident case is to obtain the best possible settlement for their client. Typically, that means maximizing the monetary value of the case and reducing the medical liens and bills as much as possible.

1. Get a lawyer with a history of success at trial

If you want the best possible settlement, it is critical to have an attorney who has a history of success at trial. But why does that matter if you just want to settle your case? Some attorneys may talk a big game, but insurance companies know full well who is willing to try cases, who has tried cases before, and who has beaten them in the past. If your counsel does not have a history of winning cases, the insurance company defending your case will offer smaller settlements. This is because they know that your counsel is more likely to take a low-ball settlement rather than risk continuing to trial, where they may lose.

2. Show the insurance company a lawsuit is on the table

A related tactic is to show the insurance company that you are ready and willing to move forward with the case. The best way to do this is to be prepared for the litigation process before initiating settlement negotiations.

Along with our demand packages, we send the volumes of paperwork that the insurance company will need to respond to should the case become a lawsuit. It gets the insurance company's attention when they see that your counsel has already took the extra effort to get the lawsuit started.

Another benefit of early preparation of the lawsuit and discovery is that, if negotiations fail, a lawsuit can be filed with a simple stamp without delay.

3. Hire a lawyer who believes in your case

It is also imperative to find a lawyer who you feel believes you and your case. If you get the sense when you talk to your personal injury lawyer that he does not believe in you or your case, do not hire him/her.

Most plaintiffs' attorneys focus on the problems with their client's accident case. Insurance company adjusters do the same thing: they are more worried about their weaknesses in the case than the plaintiff's weaknesses.

Most personal injury lawyers do not realize this and tend to focus on the negative. They invariably leave a lot of their clients' money on the table.

We often tell adjusters: "Absolutely, that is a real weakness in our case. Here is how we intend to overcome it...."

4. Be honest in negotiations

An axiom of personal injury settlement negotiations is to tell the truth about the facts of the case. If your lawyer fails to do so, he/she will have no credibility with insurance companies. Our lawyers may not always agree with insurance companies on settlement values, but they know we do not make statements that we cannot back up.

Many adjusters that we talk to tell us about lawyers they deal with regularly who make bold assertions that they never can back up and deny weaknesses in their case that any reasonable attorney would be able to see. Although complete factual disclosure may not be necessary or appropriate, unwillingness to acknowledge obvious weaknesses destroys a lawyer’s ability to credibly convey the strengths of the case.

Does the Type of Injury Influence Settlement Value?

Medical Malpractice/Nursing Home

Foot, Ankle, and Leg

Wrongful Death

Herniated Disc and Other Back and Neck Injuries

Rotator Cuff/Shoulder Injuries

More Injuries

Car Accidents

Accident Type

Claim Values by Location

Insurance Companies

At Miller & Zois, we have won millions of dollars for our clients. We fight hard every day to get our clients the settlement that they deserve. We would be happy to discuss your claim with you at no charge. To speak with one of our attorneys, call 800-553-8082, or contact us online.

Client Reviews
★★★★★
They quite literally worked as hard as if not harder than the doctors to save our lives. Terry Waldron
★★★★★
Ron helped me find a clear path that ended with my foot healing and a settlement that was much more than I hope for. Aaron Johnson
★★★★★
Hopefully I won't need it again but if I do, I have definitely found my lawyer for life and I would definitely recommend this office to anyone! Bridget Stevens
★★★★★
The last case I referred to them settled for $1.2 million. John Selinger
★★★★★
I am so grateful that I was lucky to pick Miller & Zois. Maggie Lauer
★★★★★
The entire team from the intake Samantha to the lawyer himself (Ron Miller) has been really approachable. Suzette Allen
★★★★★
The case settled and I got a lot more money than I expected. Ron even fought to reduce how much I owed in medical bills so I could get an even larger settlement. Nchedo Idahosa