Defense attorneys and plaintiffs attorneys, alike, both have resources available to determine the fair value of a particular personal injury claim. Jury verdict research services exists which track jury verdicts throughout metropolitan Atlanta and indeed the entire state of Georgia. By tracking jury verdicts, one can determine what juries are giving for particular types of cases. Juries award so much for a broken leg, a broken back, a neck injury, a back sprain, a neck sprain, an amputation, etc. In short, there are a lot of resources available to determine the fair value of a claim, at least from the standpoint of Georgia juries.
With this information available, experienced counsel are able to make a determination as to what a fair and reasonable settlement offer would be for a particular case. A case should be settled if the offer being made is fair and reasonable and consistent with what juries are likely to award. If the offer is lower than what a jury is likely to award, typically, the offer should be rejected. If the offer is equal to or greater than what a jury is likely to award then, typically, the case should be settled as there is no reason to present it to a jury under such circumstances.
Experienced counsel can assist clients in determining the value of their personal injury claims. Experienced trial counsel can advise clients whether an offer made is consistent with what juries do in similar cases. If so, the case should be settled. If not, the case will possibly need to be presented to a jury for resolution unless the client is willing to accept less than the fair value of the claim.
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