How To Estimate The Value Of A Maritime Injury Case

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One of the most frequently asked questions that a maritime lawyer gets asked is: How much is my case worth? Also we are presented with the following: Joe Blow got $400,000.00 for his case, how come I'm only getting $300,000.00?
It is impossible to value one worker's case by looking at another case because every case has unique circumstances. Every case is different. The best you can expect a lawyer to do is give his best estimated guess for the value of a case when first presented. If the case is not settled, then a group of six or twelve jurors will determine its value. An experienced lawyer, however, may look at several factors and give an opinion as to the value of the case.

Experienced maritime attorneys will look to the following factors:

The injury's nature and severity;

The length of time the worker is disabled;

The fault of the negligence of the employer in bringing about the injury;

The seaman's contributory negligence in bringing about the injury;

The worker's education;

The worker's age;

The employment record of the worker;

The worker's prior injury history;

The employee's previous job; and

Convictions, felonies, or any other factor that might bear on the employee's credibility.

The value of a Jones Act case will be affected by all of the above factors. The modern trend in litigation of Jones Act matters is for the courts to order mediation before trial. Mediation calls for an independent third party to help the plaintiff and defendant arrive at a settlement. A mediation usually involves the plaintiff's attorney and defendant's attorney meeting at the mediator's office to present their cases. The plaintiff's attorney will make a demand and the mediator will start the negotiation process and act as a go-between to facilitate the settlement.

More often than not, the mediation process is a positive that settles the case. It is very successful because all of the parties necessary for settlement are present and both the favorable and unfavorable aspects of the case are evaluated by both sides with the assistance of the mediator.

Most Jones Act cases settle before trial. A very good reason for settling the case is to let those closest involved arrive at a decision, rather than a jury full of strangers. Ultimately, no one can predict with absolute accuracy the value of a case, and jury results can be inequitable.

About the Author:
There are numerous law firms that handle Jones Act and maritime cases, but it's important to retain a Jones Act lawyer that has a record of obtaining favorable results for their clients. Call SMSLegal today at 800.282.2122 or visit their website for more information.



Article Originally Published On: http://www.articlesnatch.com


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