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Determine Value Of A Business

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There is no magic formula or process by which some one can predict with certainty the amount of money a personal injury case may be worth. If there were, society would not need personal injury lawyers. One could simply apply a formula to come up with the value of the value of a case. If this were so there would be no need for a trial. Yet we know the trials are necessary when the two sides cannot agree on the value of a case.



In discussing the value of an injury claim I will assume the injured party had no comparative fault. As I discussed previously, if the insurance company is able to prove the injured party was also at fault in the accident, their comparative fault would reduce any damage award by the percentage of their fault. Additionally, consideration must be given to the probability holding the response will party liable for the accident. If there is a very low percentage of probability that they would be held liable for the accident, the settlement value of the case would be substantially reduced. If they were absolutely at fault, with no evidence to the contrary, the value the case becomes simply a matter of calculating the loss suffered by the injured victim.

Bearing those factors in mind, the value of any injury case is a function of the injury and damages suffered by the victim. Those damages are generally broken down into two categories. First, special damages are those capable of being calculated with certainty. Special damages include past and future medical expenses, lost earnings, lost earning capacity (the ability to earn money) and property damage. The second includes intangible damages. A person's intangible losses are more difficult to calculate and juries are instructed to use their own common sense and judgment in determining the value of those damages. Intangible damages include pain, suffering, mental anguish, inconvenience, scarring, disfigurement, and loss of the enjoyment of life. These intangible harms are purely subjective, difficult to determine and often vary among jurors who are deciding the case.

Ultimately, the value of the case is what a jury would award on any given day. The injured party's attorney and the insurance company are continually trying to evaluate how a jury might see the case and how much money a jury might award. Each side creates a range of their estimation of the value of a case. Settlement is possible when the money offered intersects with the range both sides feel the case should fall within. No settlement is possible if the plaintiff believes their case is worth $50,000 but the insurance company is offering only $25,000. Their settlement ranges have not intersected.

No value can be placed on a case until all of the damages are known. All medical treatment must be completed and any estimate of future medical treatment must be provided by the treating physician. That means the injured party must reach what lawyers and doctors refer to as maximum medical improvement, meaning further medical treatment is not raising the injured party's level of recovery. They have reached a plateau. Further medical care may be required, but it will only maintain their condition, not improve it. Waiting for the injured party to reach maximum medical improvement is often the determining factor in any delay in resolving the injured party's claim. A lawyer is not capable of predicting whether an injured person will need further treatment, such as a major surgery. That information is provided only by a physician. The need for future surgery, for instance, may be a significant factor in the value of the case. Attempting to reach a settlement prior to reaching maximum medical improvement could result in significant future medical needs not being taken into consideration in determining the value the case.

Other important factors to consider regarding the value of an injury case include whether the person has had significant medical treatment in the past, their general health, their life expectancy, and their need for future medical treatment. Another intangible factor is whether the injured party is someone a jury would like and believe, which means are they seen as someone with credibility. This is definitely a factor insurance companies take into consideration in determining how much a case is worth for settlement purposes. Other factors include the significance of the accident property damage and trauma, the extent and permanent nature of any injuries, whether the injured party was required to miss extensive time from work, the amount of the medical expenses, both past and future, the county where the case will be heard, the particular adjuster assigned to the case as well as the unique culture of the insurance company and any defense attorney they select to represent them. All of these factors combine into a unique combination of circumstances which will greatly influence the value of any case.

Virtually no two cases are alike, even if the accident and injuries involved are nearly identical. This means the evaluation of two cases which appear to be similar on the surface may actually produce widely different evaluations due to other factors, including those listed above. Evaluating personal injury cases takes knowledge, experience and hard earned intuition. Without these traits you may be at a serious disadvantage when negotiating with the insurance adjuster. Unless you're in the business of evaluating and settling personal injury cases for a living, you should look to an experienced personal injury attorney for guidance.
Determine Value Of A Business
Changes, changes, changes. You can't pick up a Wall Street Journal on a given day without finding that one company has been bought by another. Most of the time you can't pick up one of the trade magazines in our business without finding that an independent broker-dealer has been bought by another independent broker dealer or an RIA has been bought by another RIA.

All this activity has to make you wonder: Why are all these people doing this? Are they trying to get their equity out of the business? Are they trying to preserve their businesses for a loved one? Are they trying to derive some economies of scale and some synergy by joining forces? Are they trying to gain some strength to protect themselves from the competitive onslaughts that are coming from every direction in the independent broker dealer, financial planning and investment advisory arenas? Yes, probably all of these reasons and many more.

Your independent broker dealer has a business. Do you? Maybe you do. Maybe you don't. Maybe you just think you do! Maybe you're wondering what you should be doing with this work area to which you report to every morning, this gaggle of clients that depends on your every move, these employees who support you on a day-to-day basis. Maybe you're tired and want to slow down. Maybe you're just burned out from dealing with the everyday hassles. Maybe you're excited about your work and want to see it grow. Maybe you're looking for a sensible and profitable exit strategy. Whatever your scenario is, start thinking about your practice and make a conscious decision about whether it is positioned the way you want it to be. Don't be caught up in “The B Myth.”

The B Myth is my terminology for the situation where a broker, financial planner or investment adviser is under the illusion that he has a “business” when in actuality all he really has is a job. As John Bowen, a senior consultant in this area, says, “If you build a system which revolves around you, it is difficult to transfer the business to anyone else. You own a job, and it's hard to sell a job.” Yes, I know. When you went in the financial services business someone told you that “you were in business for yourself, that you were building something for yourself.” In truth, that's what you may have done -- built something for yourself -- which nobody else wants because it has little or no value to anyone but you. Beware the “B Myth!”

Some of you may be asking yourselves, “Haven't I heard of this B Myth before?” Well, actually my concept is borrowed from one outlined by author Michael Gerber in his best-selling books, The E Myth and The E Myth Revisited and applied to our industry. The sad fact is many financial planners and financial advisers with independent broker dealers are suffering from the illusion that they have a business. In fact, what they do have is an unreliable stream of income, a lease, some employees, a group of clients, some commercial software, and some fixtures and equipment worth only 25 cents on the dollar.

The reality is this: The stream of income is a mixed bag of financial planning fees you generated, commissions you generated, and a slice of RIA fees that is growing slowly and is dependent upon your efforts to sell the client on this way of doing business. Your assistants or employees may not know what to do unless you are around to tell them and might scatter to the wind if they thought the business was for sale. Your clients think you walk on water because you have convinced them that you are what is indispensable rather than the advice they receive. In this scenario, hopefully you have been a good saver because there will not be much equity in your “business" to sell.

Have I given you some food for thought? If so, here are some of the things you can do to make your “business” more attractive to a potential buyer, more reliable and supportive to your clients, and in the process more valuable for yourself -- whether you ever sell it or not! A good friend of mine (let's call her Jane) who was successful at selling her investment advisory practice in California offers some key points to create maximum value in your business:

· Accept the fact that making your business attractive to a buyer and building value normally takes some time: Time to streamline operations and build teamwork among staff; time for you to aid in the transition of clients after the business has been sold.

· Don't make your clients suffer under your own “myth of indispensability.” Being indispensable leaves your clients vulnerable when you are gone -- for any reason. Instead create systems within your office that deliver whatever you deliver in a consistent way regardless of whether you are there or not. That's what successful franchises do.

· Understand that a knowledgeable potential buyer is looking for a documented stream of revenue over a period of time. Different revenue streams have different values. Commissions and one-time fees have much less value than consistent, annual investment advisory fees or consistent mutual fund trails.

· Valuing your business can be tricky. First ask yourself what you would reasonably pay for what you have. Then consult with a professional. Mark Tibergien of the management advisory services of Moss Adams, LLP in Seattle stresses the importance of “free cash flow” as a valuation measure -- net profitability of your business adjusted by fair market compensation for you and any other principals. To prove profitability and determine free cash flow, you have to keep good records. Knowledgeable buyers will normally ask for two to three years of records.

· Qualify your buyer: Does the buyer's personality and style fit your clients? If a buyer scares the clients, they will leave and your ability to maximize the value of your business will be limited. Does he have the money to pay (cash and good credit)? As John Bowen points out, “Make sure that you are not taking all the risk in the transaction.”

Falling victim to the “B Myth” is easy to do but also avoidable with some awareness and planning. Do you want to own a “business” rather than a “job”? Then do what Michael Gerber suggests: Think about your practice as if it were the prototype for a network of 5000 outlets. At McDonald's, the franchise owners don't flip the burgers, but the franchises have tremendous value because they have installed the systems that turn out a very consistent product or service in the absence of the owner. Something for you to consider!
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Both James Dodson & Mitch Vigeveno are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

James Dodson has sinced written about articles on various topics from Injury Claims, Auto Insurance and Legal Matters. Attorney James W. Dodson is a Clearwater, Florida with over 20 years experience representing clients in all types of injury claims including v. James Dodson's top article generates over 22200 views. to your Favourites.

Mitch Vigeveno has sinced written about articles on various topics from Forex Brokers, Legal Matters. . Mitch Vigeveno's top article generates over 590 views. to your Favourites.
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