Legal Romantics might like to think that a lawsuit trial is a “Search For Truth,” but it’s not true!
The evidence is what decides cases. Judges will use the phrase “The evidence proves” rather than “The truth of this matter is” when deciding cases. This first phrase is a fact that filters down from the courtroom to the objective evaluation for each case.
Fred Fuddle may be the drunken townie or his conduct at an accident scene should raise the value of your case. Your settlement will likely be higher if your injuries are obvious and/or proven. Fuddle’s conduct before the accident could be significant. The jury may not give you the same consideration if you have been drinking heavily at a bar or raising hell on the highway prior to the accident.
The value of your settlement will be affected by your conduct before, during and after the accident.
SIX IMPORTANT ELEMENTS IN “EVALUATION PROCESS”, These elements are listed below:
(1) THE FACTS (2) EVIDENCE (3) LAW (4) YOUR INJURY (5) SPECIAL DAMAGES (6) THE INTANGIBILITIES
(1) THE FACTS. The first step in the evaluation is to gather the factual evidence. It’s like trying to hunt for a lion using a slingshot if you don’t have a complete file of facts.
(2) THE EVIDENCE Your position will be stronger regardless of what information you are aware of.
Example: Adjuster I. M. Smart won’t understand (or believe) you if you don’t provide photographs.
Smart will be able to provide proof-positive photographs of his supervisor, which will make his Supervisor’s eyes bulge. He then exhales a deep, resigned breath and says, “Hey! This one’s going to cost us.”
QUESTION: How can Dan be so certain about that?” ANSWER : Dan was an insurance adjuster, supervisor, manager, and trial assistant before he retired. He spent over 30 years in that line. He has been there, seen that, and heard (and felt!) that many thousands times.”
As much as possible, you should help Adjuster I. M. Smart justify the settlement amount he would like to have approved by Granite Mountian Insurance Corporation.
(3) THE LAW. As proven in more than 83% of all accidents in the United States in 2003, the impact that you were exposed to was clearly “Fumbling Fred Fuddle’s fault. The law is on your side.
You’ll be able do this with the help of my third book AUTOACCIDENT PERSONAL INDJUY (How to Evaluate and Settle Your Loss), plus THE BASE FORMULA (The Baldyga Auto accident Settlement Evaluation Formula). The BASE FORMULA will accurately evaluate your “Pain” and “Suffering”. This allows you to settle your claim yourself without paying a large percentage to an attorney. A lawyer who has done nothing more than have his secretary send Fuddle a letter of representation and then think it’s perfectly acceptable (after many moths, sometimes years, of hiding/stumbling/fumbling and verbally pitching his well-practiced answer when you asked, “Hey what’s going on with my claim?” With an answer such as, “I’m right in the middle of it, hang on there, old friend, and I’ll make things come out right”, then proceed to take a large portion of your settlement dollars for doing very little to earn it.
(4) INJURY TO YOU: You must consider the severity of your injury. Your age can have an impact on how long it takes to heal. Your recovery time will be affected by how much time you have lost at work.
(5) SPECIAL DAMAGES In Chapter Four, I provide clear details about Damages.
(6) INTANGIBLE ELEMENTS – These are your reasonableness, economic status, and your standing in your community.
Sympathy will be applied if you are a widow, a respected Little League Coach or a widow. This is in contrast to being a raucous bum who has a history of getting into trouble with the law.
In evaluating your claim, emotional factors can often be a significant factor. You must be as objective as possible when evaluating intangible elements, regardless of their nature. If you believe the assertions are false, you can either deny them or prove that they are not true.
