“What’s my injury accident case worth??”
This is perhaps the question I am asked most often by clients and prospective clients. How does one determine the value of a case? What factors are used to determine value? How can one maximize the value of his or her case?
Great questions, but often times no easy answers. Let’s first discuss how personal injury claims are valued. There are numerous factors that may influence value. These may include:
- Who’s at fault? Just one entity or a combination of entities?
- Is there comparative fault (fault against YOU)?
- How much insurance exists?
- What type of accident or event caused the injury or harm?
- Extent of injuries?
- Type, nature and frequency of medical treatment?
- In what ways have the injuries affect you and your daily activities?
- Are your injuries permanent and life changing?
- What are the economic or special damages (medical bills, lost wages, property loss, etc.)?
- What facts support the non-economic damages (pain, suffering, disability, disfigurement, loss of enjoyment of life, etc.)?
- Who is the carrier that will be defending the claim (Are they difficult to deal with? Do they fight to the death on every case?)?
- Will litigation be necessary (and hence lead to more costly litigation expense)?
- Which venue will the case be tried in (Are jurors there more or less conservative with awarding money damages?)?
- Who is the judge that will preside in your case (is he/she a defense minded judge or a plaintiff’s minded judge)?
- How do you (the injured plaintiff) appear as a witness (are you credible, trustworthy, attractive, etc.?)?
There may be many more different factors that can affect the value of your case. With so many different variables, it can be next to impossible to determine with accuracy what the true value of a case is.
In the end, the value of a case is what a jury says its worth. That’s why the parties, attorneys, and insurance companies involved try to predict how a jury will decide a case. But when it comes to predicting how 12 jurors will see the case, there’s quite a bit of speculation involved.
In any event, you’ll want to hire a very experienced and successful injury attorney to work on your behalf. To uncover and advocate the facts in your favor that may lead to a higher case value.
