It seems the most obvious and important question and one that I am asked in every personal injury case, namely, how much is my personal injury claim worth? Regardless if resulting from an auto accident, motorcycle accident, slip and fall, or medical malpractice, all clients are curious what their case is worth.
The only easy answer to that question is to say: Your case is worth the amount a jury of your peers says that it is worth. Unfortunately, juries are wildly unpredictable and can return with a shockingly high award or an embarrassingly low judgment. Furthermore, waiting for a jury verdict requires several years of waiting and a long and expensive litigation process.
That said, experienced personal injury attorneys such as myself, consider a number of variables in determining a fair settlement value of your case. Attorneys and insurance companies consider recent jury verdicts in the State, recent settlements in the State, along with other variables to determine a fair value for the injury suffered. Therefore, attorneys and insurance adjusters will assign a value to the neck or back injury, fractured arm, or concussion. For instance, if a jury recently awarded $160,000 to a man who broke his leg in a truck accident, this may be a starting point for negotiations if you suffer a similar broken leg in an auto accident.
What are the other variables to consider? Among other things:
- the strength of the liability case
- cost of litigation
- amount available through insurance
- nature and severity of the injury
Of course, you are also entitled to lost wages and medical bills, future medical bills and permanent disability, if applicable.
If the injury you sustained is soft tissue in nature (neck and back pain) then your settlement will depend largely on the length and severity of your disability and whether there is diagnostic evidence (i.e. an MRI report showing injury) to help substantiate the claim. An experienced personal injury attorney, will know how to negotiate with an insurance company to obtain the highest value possible.
This should be understood as a shorthand version of how the value of your personal injury claim is determined. There are literally hundreds of variables that have to be considered and only a skilled and experienced attorney can use all of these variables to obtain the highest amount possible in settlement. Furthermore, the negotiating skills of an attorney are important as well as the attorney's reputation for success.
The next time you ask your attorney: What is my case worth? do not be surprised if he or she is afraid to answer. It is because each personal injury case is so unique that it is hard to determine, especially early in the case, how much the injury is worth.
As a former insurance adjuster I have settled hundreds of personal injury cases of all levels of severity. I understand the full value of your case and how an insurance company will try to poke holes in your case to lower the final value. As a personal injury attorney, I have succeeded in obtaining excellent settlements for my clients often exceeding the amount they were hoping to receive.
Therefore, part of the answer to the question: How much is my case worth? depends on whether you hire the right attorney.
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