While Legal Romantics would like to characterize the trial of a lawsuit as a
“Search For Truth” that’s not a reality!

Cases are decided on the evidence. When reviewing cases before them, judges
invariably use the phrase, “The evidence shows”, rather than, “The truth of the
matter is”. That first phrase is a reality that filters from the courtroom down
to the objective evaluation of each case tried.

If Fred Fuddle is the town drunk, or if his conduct at the accident scene was
provably abnormal than the value of your case should increase. If your injuries
are visible and/or demonstrable, it’s likely your settlement will be larger. The
conduct of both Fuddle and you before the accident may be significant. If you
had been at a bar drinking heavily or raising holy hell out on the highway
before the accident, you’ll get less regard from the jury than if you were
driving to your house of worship with your family.

So, the circumstances of your behavior before, during, or after the accident
increases or decreases the value of your settlement.

THE SIX MOST IMPORTANT ELEMENTS IN THE “EVALUATION PROCESS”: To be fully
informed, you must know and understand the six primary evaluation elements that
figure into the process of evaluation. They are as follows:

(1) THE FACTS (2) THE EVIDENCE (3) THE LAW (4) YOUR INJURY (5) SPECIAL
DAMAGES (6) THE INTANGIBILITIES.

(1) THE FACTS: The gathering of the provable factual information is the first
step in the evaluation. If you try to evaluate a claim without as complete a
file of facts as possible, it’s like going hunting for a lion with a slingshot.

(2) THE EVIDENCE: You must weigh all factual evidence known to you against
the actual evidence you can produce to substantiate it. No matter what
information you’re aware of, your position will always be stronger if you have
the evidence to back you up.

For example: You can talk until the cows come home about the unsightly
black-and-blue marks you had on your face, ribs, and hips, the scar on your
forehead, or the 75 feet of skid marks Fred Fuddle’s auto left on the highway
before he smashed into you, but Adjuster I. M. Smart will never adequately
comprehend, (nor want to believe you) unless you provide him with photographs.

Providing Smart with the proof-positive of photographs will cause his
Supervisor’s eyes to bulge as he inhales a deep breath of resignation and
declares, “Hey, this one’s gonna cost us” .

QUESTION: “How can Dan be so sure about that”? ANSWER: “Because before Dan
retired, after spending over 30 years on that firing line, he was an Insurance
Adjuster, Supervisor, Manager and Trial Assistant. He’s been there, saw that,
plus heard (and felt) that many thousands of times”!

Whenever possible you must help Adjuster I. M. Smart justify the settlement
figure he wants to get approved by his immediate superior at Granite Mountian
Insurance Corporation.

(3) THE LAW: As proved in over 83% of the accidents in the United States in
2003 the impact you were subjected to is clearly the fault of “Fumbling” Fred
Fuddle, so the law is on your side.

(4) INJURY TO YOU: The seriousness of your injury has to be considered. (Ole’
Doc Comfort, your attending physician’s Medical Report, should go into detail
about that). Your age will have an effect on the time it takes you to recover.
The time you lost at work will have a direct bearing on the length of your
recovery.

(5) SPECIAL DAMAGES: All of your direct and tangible losses are prime factors
to be implemented in the consideration of the value of your claim. .

(6) INTANGIBLE ELEMENTS: These include your reasonableness, your economic
status, your standing in the community, the obvious sentiment conjured up when
one considers the degree of the seriousness of your injury, plus the attitude of
Fred Fuddle (and often your witness) regarding your case.

Sympathy will come into play if you’re a widow or a highly respected Little
League Coach, in contrast to your being identified as a raucous bum with a
history of getting into scrapes with the law.

Emotional factors often have considerable weight in the evaluation of your
claim. Whatever the intangible elements may be, you must force yourself to
investigate and then evaluate them just as objectively as possible. So, if
what’s being contended is incorrect, you can deny them (plus you must prove the
conclusions not to be true) when and where it becomes appropriate to do so.