I’ve taken a lot of space in these guides describing the various factors that go into an intelligent assessment of the “value” of a case. I’ve said it numerous times, but it bears repeating:  The availability and amount of liability insurance are often hugely import factors in a value assessment. Are there other coverages? We’ve discussed some in other guides [e.g. uninsured or undersinsured motorist coverages]. Businesses and property owners often have another coverage on their policies: “medpay” or medical payments.
For example, and by way of illustration, assume there is a slip and fall type injury. There is commercial liability coverage that well exceeds the reasonable value of the case. If the claim adjuster is willing to extend $1000 in medpay, as well as intelligently discuss a settlement under liability coverage, then you’ve got an extra $1000 to apply to medical bills, and, correspondingly, an extra $1000 in value on the claim. Perhaps the most important factor about medpay is that one does not need to prove fault to qualify for it. It is a separate coverage from fault-based liability coverage. This is significant as well. A claims adjuster who has a relatively modest or skeptical liability assessment may nevertheless may be able to get the bills paid without an admission of liability.
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    Eric T. Kirk is a Baltimore Personal Injury Lawyer with over 30 years of trial experience.
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