Law Office of Christopher Earley
 

How Insurance Companies Value Personal Injury Cases

Although no two insurance companies have the same approach, there are some common elements among all insurance companies in how they evaluate and value personal injury claims.  Here are some, but not all, of them:

1) Is liability on the part of the insured person(s) or company clear, and if not, is there any liability at all?;

2) The extent of injuries, disability, amount of lost wages, length of medical treatment, lost wages, lost of earning capacity on the part of the person making a claim;

3) Are there any liens against a potential recovery (Mass Health, Medicare, private health insurance company, medical providers, etc.?);

4) Has the claimant made prior claims in the past?;

5) What type of witness will the claimant make at trial?;

6) What type of witness will the defendant (the person who caused the accident and is being sued) make at trial?;

7) What are juries in Massachusetts (or the county/state the accident occurred in) awarding for similar cases/injuries?;

8) What is the reputation of the claimant's attorney, i.e. does he/she have a track record of trying cases in court?;

9) How much insurance coverage does the defendant carry?;

Whether it be a car accident, slip and fall, or any other type of accident claim, the previous list has many, but not all, of the factors analyzed by insurance companies when evaluating, and placing a value on, personal injury claims.