Setting an Initial Demand Figure

Jacksonville disability attorneyA Jacksonville Accident attorney may use many different approaches when determining an initial demand figure to present to the insurance carrier to settle a personal injury claim. One approach for setting the initial demand amount is to conduct an assessment of the medical bills and lost income. Assessing the Medical Bills Typically, the first step that an attorney takes is to evaluate the well-documented medical bills. Injuries such as a broken arm or collarbone are easy to quantify. The attorney simply multiplies the total medical bills by a factor of two, three, four, or five depending upon:
  • the length of time the injury took to heal;
  • the quality of the medical documentation; and
  • whether or not the injured area was symptomatic prior to the injury (a pre-existing injury will reduce the multiplication factor).
When injuries heal rather quickly, say one or two months, and have no lingering effects, the attorney will most likely use a lower figure, such as two or three times the medical bills. On the other hand, if the injury took a long time to heal, like a year or even longer (and requires ongoing medical treatment), then the attorney may use a higher figure such as five or six times the total amount of the medical bills. Assessing Lost Income Next, the attorney will review how much lost income resulted from the injury. Any lost income that is added in to the demand figure must be well-documented so it can be used as evidence if the case goes to trial. Lost income is usually calculated by multiplying the number of weeks of missed work by the weekly paycheck amount. If you are self-employed, but lack supporting documentation such as tax returns, this can be problem. In these types of cases, your attorney may use a lower multiplication factor. To obtain the best possible recovery, your attorney needs to be able to back up the demand figure with as much supporting evidence as possible. If you have further questions about how much your claim may be worth or need the services of a Jacksonville accident Attorney, call First Coast Accident Lawyers at 855-FAGAN LAW.

About John Fagan

John is a Jacksonville native who grew up on the First Coast. He graduated from Bishop Kenny High School in 1975 and went to college at Florida State University where he completed a 4-year program in 3 years. John graduated from the Florida State University College of Business in 1978 and went straight into Florida State University College of Law. While in law school, John earned a position on the prestigious Law Review Board serving as its Business Editor. As a law student, John studied in the Oxford program. He also interned with the Florida Legislature working in the Florida House of Representatives Criminal Justice Committee. John was admitted to the Florida Bar in 1981. John began his legal career as a law school intern in the State Attorney's Office in Jacksonville in 1981. After his internship, legendary State Attorney Ed Austin hired John as a full-time Assistant State Attorney for the Fourth Judicial Circuit (Clay, Duval, and Nassau Counties). As a prosecutor, John tried jury and non-jury trial on charges ranging from DUI to Murder. In 1983, John moved from the State Attorney's Office to begin his career in private practice. He has practiced law for 30 years on the First Coast. For the last 20 years, John and his family have made Clay County their home. John limits his practice to personal injury and disability cases. While there are many fine attorneys in Clay County, John is one of only a few Clay County attorneys who limit their practice to personal injury and disability cases. John takes pride in helping clients resolve injury claims in ways that avoid the stress, uncertainty, and the expense of unnecessary litigation. Professional Activities John is the past President of the Clay County Bar Association and has served on the Board of the Clay County Bar Association from 2009-2013. He is an active member of the Florida Bar, and the Federal Bar of the Middle and Southern Districts of Florida. He is also a member of the American Association of Justice, the Florida Association of Justice, the National Organization of Social Security Claimants' Representatives, and the National Organization of Veterans' Advocates. Service to the Community John is involved in the Clay County Community serving as a member and Director of the Rotary Club of Orange Park, of the Clay County Bar Association, and the Putnam County Bar Association.
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