Best Practices For Evaluating Damages In Third-Party Liability Claims

Damages are an essential part of nearly every third-party liability claim. Yet, evaluating damages can invoke a sense of dread and anxiety in even the most seasoned of claims professionals and litigators. This is because damages can come in many different forms and require different burdens of proof. In the end, it can come down to rolling the dice at trial. But, properly evaluating damages, both pre-suit and during the pendency of litigation, is crucial to having a clear vision and plan for investigating alleged damages and making key decisions regarding whether to attempt early resolution of a case or mount a vigorous defense.

One of the first things to know is whether the incident occurred in a comparative-negligence or contributory-negligence jurisdiction. The majority of states utilize some variation of a comparative negligence model, which considers the percentage of fault of the plaintiff and adjusts the damages accordingly.