How Much Is My Personal Injury Case Worth?
The number one question asked of most personal injury lawyers and attorneys during
the initial consultation is: "what is my personal injury case worth?". The question makes perfect sense. Why would anyone go through the hassle and stress of a law suit it if was not likely to be worthwhile at the end of the day?
Unfortunately, the answer most clients will get from that question is often more confusing than satisfying. The truth is, a personal injury lawyer does not really know how much your case is worth until well into the law suit or, at least, well into the work up of the file before litigation.
However, an experienced personal injury lawyer should be able to give you some insight into the general value of the case, whether the case is likely to be worth the effort and other issues along those lines. Keep in mind that most personal injury lawyer retainer agreements provide that the lawyer does not get paid if you do not get paid. So, in most cases, the fact that your lawyer is willing to take you on is a positive sign.
Having said all that, it is not a complete shot in the dark. There are a variety of factors that an experienced personal injury lawyer will use to assist her to determine the approximate value of the case.
The value of your personal injury case depends on three main components: (1) The facts of your case; (2) the quality of your evidence and (3) the knowledge and dedication of your personal injury lawyer.
What do we mean by the "facts" of your case? The "facts" or the evidence in your injury case help the lawyer determine the two key questions in a claim arising from a personal injury. Those questions are: "Who is liable (responsible) for the accident?" and "What are your losses from the accident?"
Remember, not every injury gives rise to a successful claim. Putting aside no-fault regimes for the moment, in most jurisdictions, before you can expect to receive a settlement or trial award in a personal injury case, there must be an "at-fault" party.
In addition, the fact that an accident happened is not generally, in and of itself, a basis for making a claim. You must actually have damages (losses) for which you can be compensated. Sometimes those damages will be difficult to measure in money, such as the pain and suffering caused by an accident. Other times it is fairly straightforward to determine the financial loss, for example, if you are out of work.
If the facts are on your side, you need to consider whether the evidence is also on your side. You and your personal injury lawyer have to prove your facts before a judge or jury, or convince a defence lawyer and adjuster at a mediation that your evidence is strong enough to prove that the facts are as you assert.
The availability of detailed police reports, your personal injury lawyer's ability to elicit strong evidence during the discovery process and the medical evidence of your injuries are all crucial considerations that will either raise or decrease the amount of your personal injury damages.
Does the lawyer make a difference? It is no secret that diligent lawyers who work up a case and spend time and money on experts and investigation squeeze more out of most cases than lawyers who do not. Does your lawyer actively gather evidence, interview witnesses, negotiate with the insurance company, calculate your damages, hire expert physicians, actuaries, vocational rehab specialists and the like? Having all of those professionals on your side in many cases will significantly increase your damages.
by: Brenda Hollingsworth and Richard Auger
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