What is My Case Worth?

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This common question is a very important one. But it is difficult to estimate any injury claim's "value" until the injured party has ended medical treatment and is either well or as well as he or she is going to get.

When recovery has occurred (or at least the injury is stabilized), here is what we look at to get a feel for the overall range of value for the injury case:

Who was at fault? Sometimes the "defendant" clearly was 100% at fault, but sometimes another party (including the injury victim himself) is going to be found partially at fault.Did the injured party seek prompt medical attention? Any delays in going to the doctor help the insurance company attorney argue that there was no injury or that the claimed injury was not very serious. However, sometimes the injured party does not seek immediate medical treatment for completely understandably reasons such as the full extent of the injury was not immediately recognized. There can also be financial reasons outside the control of the victim that prevent him or her from seeking immediate medical treatment.Was the accident victim a "good patient"? Patients are expected to follow their doctors advice and not miss any appointments. Having unexplained gaps in treatment helps the other side's lawyer's argument that there was no serious injury.How serious are the injuries? Did the injuries heal? Do you have any lasting physical limitations? Did you have any broken bones? Surgeries? Is there physical evidence, such as MRIs, CT scans or x-rays, which demonstrate damage? When there are visible injuries such as broken bones and bruising insurance companies are more likely to concede that there is a real injury. However, when there is only a "soft tissue" injury, insurance companies are more likely to claim that there was no true injury or that the injury was minor.Is there any future medical treatment planned? Does your doctor or surgeon believe you will need more treatment in the future? What are the estimated costs for such treatment?Are you completely healed or do you still have ongoing pain, disability or disfigurement? If you are permanently disabled, then compensation for "future" damages is necessary. Also, scars are lifetime reminders of the tragic accident.Did you miss work because of your injuries? This has to be supported by your employer or if you are self-employed, by your tax returns.What evidence or testimony do you have to help explain the affect the accident had (or still has) on your life? Do you have pictures of the injuries (bruises, scars, casts, wheelchairs...)? Did you miss out on important events? Did you suffer financial problems due to medical bills and missing work? Did your marital relations suffer? One of the first things I say to a client that has recently been injured is to take picture and keep a journal of the effects the injury has on his or her daily life. These documents often times prove valuable resources when dealing with insurance companies as well as preparing for trial.How much were the total medical bills? Were the medical bills paid or are they still outstanding? Generally, the higher the total medical expenses, the higher value of the case.Are there any pre-existing medical conditions? Even if the same body part had been hurt before, you can still have an "exacerbation" of that injury. But generally, such cases are valued by juries less than a situation where the particular body part had not been hurt before.What county will my case be tried if I do not settle beforehand? Juries in some counties are more likely to be more sympathetic to injury victims than in other counties.

While this is a fairly extensive list of potential areas that will determine the value of a personal injury case, it is by no means an exhaustive list. Each case is unique. That is why you want an experienced personal injury attorney handling your important case.

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