Wage loss and permanent loss of earning capacity is often at issue. These items must be substantiated by fact witnesses through the employer and in some cases, expert opinions. If the victim cannot return to work, evaluation for retraining may be necessary through the local office of the Division of Vocational Rehabilitation. Thorough and expensive evaluations from vocational experts, including rehabilitation psychologists and economists are necessary in some cases. The venue of the case is important for settlement discussions.
Some counties are notorious for low verdicts or high verdicts.
The choice of venue can be a strategic advantage or disadvantage. The identity of counsel is often a factor in settlement negotiations. Those attorneys who have a track record of successful verdicts in similar cases are more likely to have leverage with an adjuster than attorneys who do not. The verdict potential of the case is always the benchmark for what a fair settlement should be. The attorney for the injured person must attempt to make a reasonable projection of what a jury would award in the event of trial, and then set his sights on a settlement figure near the top of the probable verdict range.