Articles Tagged with Evaluating Personal Injury Cases

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Last week a Pennsylvania road worker was denied an appeal to her dismissed case. Alice Ward was working as a traffic controller at a construction site on a Pennsylvania road when she was struck and seriously injured by a driver under the influence of heroin.

Immunity Green Road Sign with dramatic clouds and sky.

Immunity Green Road Sign with dramatic clouds and sky.

Nicolas DeSimone, the driver who struck Ward, was driving home from a visit to his probation officers after informing them he would not pass the drug test because he had been using heroin. At the construction site, DeSimone passed three warning signs before injuring Ward.

Ward sued the probation officers, alleging that they had failed their official duties by allowing DeSimone to drive after openly admitting to heroin use. The first judge for the case dismissed the charges, and last week Ward’s appeal was also dismissed.

The case turns on government immunity from lawsuits. The 11th Amendment of the Constitution states:

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As New Hampshire Injury Lawyers, we are often asked by our personal injury clients: “How do insurance companies value my injury claim”. The answer is neither simple nor straight forward. However, our injury attorneys have more than 60 years of combined experience in dealing with these companies and have come to learn many of their evaluation methods.


Many insurance companies today utilize a computer program to determine the value of your NH automobile or motorcycle accident. The computer program is called Colossus. And, by our estimation, is used by more than 50% of claims adjusters. Colossus, and other such programs, allows the claims adjuster to input information about your NH injury, such as your medical injuries, medical bills and lost wages. The computer system will also accept information concerning the severity of the collision, the location of where the injury occurred and where the claim, or potential lawsuit, may be filed. With that information, Colossus will provide a range of values for your injuries, which values the adjuster will use when offering to settle your claim.

Colossus and other such programs also consider whether or not your injuries are permanent in nature, when determining value. Broken bones, bulging or herniated disks, and loss of mobility or functionality will be awarded greater value than soft tissue injuries. These types of injuries which can be objectively documented by CT-scans and MRI’s are given more weight and value.

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