1. Not Knowing the Value of Your Case

Insurance claims adjusters are skilled at developing the trust of injured people. They will convince you they are your friend. Once they have done this they will sometimes offer you an amount which is far less than the true value of your case.

The only way to protect yourself is to know what your case is worth. This can be done in many ways. One is to use jury verdict research.

Regardless of how you do it, you need to know what cases like yours settle for in your area. And that is based on what your local juries award for those injuries.

2. Going to Trial When You Should Be Settling

Principle number two follows from number one. If you don't know what the case is worth then you may go to trial when you should settle. According to research, going to trial, when you should be settling can cost you an average of $43,000.

So if your lawyer tells you to go to trial ask him about the verdict research. What does it show?

At a mediation last week here in Salt Lake City the mediator shared a sad tale about a recent case of his. The insurance company had offered $750,000 to settle a claim. The claimant wanted more. So they went to trial and the jury awarded nothing. Zero. Zip. Nada.

In the words of Kenny Rogers, “you have to know when to hold them….”

3. Not Getting All of Your Injuries Diagnosed

Yes, there was a time when this was strictly the doctor's job. As injury attorneys we have found it is not workable to rely on the doctors to find all the injuries. Things get missed.

I'm reminded of a young man with low back pain. His doctors thought he was faking because they found no source for his problem. But he persisted. In the end, a doctor in a nearby town spotted the problem. It was not a common injury but finding it resulted in a very favorable settlement.

Another time I heard a "clicking" sound every time my client opened his mouth. I sent him to a specialist who diagnosed and treated a jaw disorder. This one had been completely overlooked by the treating doctors.

Ultimately it is your job to make sure all your injuries are spotted and diagnosed.

4. Failing to get all of Your Injuries Properly Treated

Failing to get the treatment your doctors recommend can sorely hurt your case. Insurance defense lawyers call it “failure to mitigate damages.” And they are sure to bring it up at trial. And the jury will adjust your award for it.

5. Failing to Negotiate Wisely

Build rapport with the adjuster. Ask for more than you expect to get. Be patient and be prepared to walk away. Careful and shrewd negotiating can add value to your case. There are books on the subject. Read them.

6. Failing to Include All Medical Bills and Records

When you put together your settlement brochure, be sure you include all records and all bills. Failure to do so will cost you money.

The most important factor in injury case valuation is your injuries. These are determined from the medical records. Nobody cares about your pain unless it can be tied to a medical condition that a doctor has mentioned in the records.

Second, in importance, after your injuries, is the amount of your medical bills. Many years ago, cases were settled by multiplying the number "three" times the amount of the medical bills. That method of valuation is less common today but multipliers are still used to some degree.

7. Not Hiring a Lawyer

Sometimes you are better off without a lawyer. But be careful. Injury cases are full of pitfalls. And if you fall in a pit, you might not get out.

Besides the pitfall factor, studies have shown that most injured persons are better off having a lawyer. Insurance industry expert, Jeffrey O'Connell, reports that having a lawyer puts more money in the pocket of an injured person. Even after paying the attorney fee.

Conclusion

Know the value of your case and use that information to decide whether to settle or go to trial. Get all your injuries diagnosed and treated. When you do a settlement brochure include all the medical records and all the bills. When negotiating, build rapport with the claims adjuster. Ask for more than you expect and be patient. There are times when you can get by without a lawyer but as a general rule you'll get more money with one.