What Is My Case Worth?
Valuing a Personal Injury Case
If you were hurt through no fault of your own, your life can change in an instant. How can I get rid of this excruciating pain? Who will pay for my medical bills? What if I have to miss work? A natural reaction is to wonder how you will be reimbursed for these expenses and made whole to the best extent possible. In other words, what is the value of your case or what is your case worth?
This is not an easy question to answer. Unfortunately, misinformation exists that states all personal injury cases come with their own mathematical formula or multipliers. Instead, the value of a case depends on numerous factors. Before speaking with any insurance adjuster, including one from your own carrier, you should first consult with an experienced personal injury lawyer of your own. Nahon, Saharovich & Trotz has fought for injured victims for 30+ years, recovering over $1.5 billion in verdicts and settlements on behalf of our clients during that time. You can call us at 800-529-4004 or fill out the contact form to the right – we are available 24/7 to speak with you.
Case Value Can Depend on Many Factors
Generally speaking, no two cases are alike. In the realm of personal injury law, there will always be different parties and circumstances surrounding an incident. Insurance policies differ between cases. For example, trucking companies typically carry commercial policies with significantly higher limits than state law requirements for private citizens. Further, insurance carriers differ on how they evaluate losses and damages, and even within the same insurance company, individual adjusters will have their own philosophies. However, one thing remains the same regardless of how you got hurt – the law places the burden on you, the injured victim, to prove your case and damages. This makes it important to contact an experienced lawyer who can vigorously fight for your rights, take steps to identify and preserve relevant evidence, and present your case as best as possible.
If you can establish your burden of proof, the law will dictate the forms of compensation that may be available. In most personal injury actions, compensatory damages can be recovered. This category of damages can be broken down into economic and non-economic losses. Economic losses include items like medical bills (emergency room, surgery, physical therapy, etc.), lost wages, diminished earning capacity or loss of future income, and property damage. Non-economic damages, also known as human damages, are more subjective in nature and include pain and suffering, loss of enjoyment of life, emotional distress, and loss of consortium. Non-economic damages center on how the accident affected you individually.
When considering the value of your case, think about the following factors:
- Type of injury: Did you suffer an objective injury like a broken bone, or were the injuries more subjective in nature?
- Severity of injury: Consider the extent of the injury. Is your injury permanent in nature or temporary? Are you expected to make a full recovery or will you always have pain? These are questions you can ask your doctor.
- Medical treatment: The type of medical care you receive plays a role in a settlement or verdict. Some procedures, like surgery and injections, are more invasive than other forms of conservative treatment.
- Liability: Are the facts of the accident clear, or is there a dispute as to what happened? Under the doctrine of comparative fault, your recovery can be reduced by any portion of fault attributed to you. To counter allegations of comparative fault, our firm works to preserve critical evidence, such as taking witness statements, securing video footage, and retaining experts like accident reconstructionist specialists.
- Facts of accident: Similar to liability, how the incident happened makes a difference. For instance, in drunk driving accidents, punitive damages may be awarded, as this form of damages is designed to punish a defendant for reckless conduct like driving while intoxicated.
- Insurance coverage: Policy limits can ultimately play a role in your recovery. Businesses, corporation, and trucking companies typically carry commercial policies that may provide excess coverage. Our accident and injury lawyers understand the different forms of insurance coverage contained in policies, and we will search for all forms of coverage that could apply to your situation. Further, we seek to maximize the net recovery to our clients.
Valuation by Case Type
States have specific laws in place governing tort actions, and the relevant burden of proof can differ among case types. For example, the traditional legal burden in a car accident case is proving that another driver breached a legal duty owed to you to drive safely and act reasonably under the circumstances. In a premises liability, negligent security, or slip and fall action, the victim may need to show that the business or an employee created a dangerous condition or knew about such condition yet failed to act. In some product liability actions, a manufacturer may be held strictly liable for injuries. Workers’ compensation, on the other hand, is generally a no-fault system. This means the injured worker merely has to prove he or she was hurt while acting within the course and scope of employment in order to qualify for benefits.
In any case, it is critical to investigate all avenues of recovery. Multiple parties may bear responsibility for your injuries. Failure to identify additional defendants, such as automakers, product manufacturers, or other negligent parties, could result in you recovering less than you are entitled under the law. This highlights the importance of retaining a qualified injury attorney with the resources to conduct a proper investigation into your case. Common personal injury cases include the following:
- Car accident
- Truck accident
- Motorcycle accident
- Workers’ compensation
- Product liability
- Unsafe medication
- Pedestrian accident
- Medical malpractice
- Nursing home negligence
- Slip and fall
- Inadequate security
- Defective medical device
Valuation by Type of Injury
- Neck and back injuries
- Herniated or bulging discs
- Spinal cord damage
- Broken bones
- Rotator cuff tears
- Wrist and hand injuries
- Fractured ribs
- Torn ligaments
- Shoulder injuries
- Permanent scarring
- Head injuries
- Fractured hip
- Wrongful death
Speak with a Personal Injury Lawyer Today
Nahon, Saharovich & Trotz is a large regional personal injury law firm. Our experienced legal team, which consists of more than 30 lawyers and 120 support staff members, represents people throughout Tennessee, Arkansas, Mississippi, Missouri, and Kentucky. We handle all cases on a contingency fee basis, meaning clients do not owe any money up front, and the attorney fee comes out of the recovery. For a free consultation with an attorney today, call us 24/7 at 800-529-4004 or complete our online form.