I will often have prospective clients ask me if insurance companies use a formula to determine what their case is worth. This was a common practice in the past - but is no longer in use.
Years ago (and I mean at least 10), there used to be a rough rule in Colorado that an accident claim was worth approximately twice the amount of medical bills. This amount would be enlarged or reduced based on the severity of the accident, whether there were aggravating factors (such as a DUI arrest) and whether the injured party had any lost income.
However, numerous changes have taken place since this time, both in Colorado law and within the insurance industry, that has rendered this approximate guideline completely irrelevant to a recent accident claim.
First, insurance companies have become more aggressive in defending against all automobile accident claims, especially when an accident victim may have had a previous injury, may have even small gaps in medical care, or may have been injured in a low-impact crash. Additionally, many insurance companies have implemented computer software programs to determine what they feel a case is worth. Please read my book, the Colorado Auto Accident Guidebook, for detailed information on why these programs are bogus and cannot be trusted.
Changes to Colorado auto insurance laws have meant that an injured driver is now responsible for paying their own medical bills. This has had a dramatic impact on Colorado accident case values and the trial lawyer's of this state are fighting to make sure that accident victim's rights are not further curtailed.
Basically, any attempts to determine what a case is worth by applying a simple formula are so outdated as to be completely unreliable. A skilled personal injury lawyer will not even discuss his client's case in terms of a "formula". We will determine what a case is worth only after reviewing all of the client's medical records, the accident details and a history of recent jury awards in the county in which the accident occurred.
This means that any lawyer who tells a client that their case is worth "X amount" at the beginning of the case is simply lying to the prospective client in order to get that person to sign up as a client. If you are hearing these kinds of statements from your prospective attorney before you sign a fee agreement - find another lawyer immediately.
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