Although it seems like a simple question, as you are probably aware, reaching an answer to this question is extremely complex. Many factors go into determining the value of a case. You should probably avoid a lawyer who will tell you during your first conversation what your case is worth. Such an attorney could not have possibly given adequate consideration to all of the factors that can drastically change the value of a claim. Of course the two biggest factors are who was at fault for the accident and what is the extent of the damage. Also important is the amount of insurance the defendant has. Sometimes, where there is not adequate insurance, a skilled attorney can find significant contributing factors that caused the accident coming from parties with "deep pockets."
The following are examples of parties that can be held responsible: the pizza company that sends out a sixteen-year racing to deliver a pizza in less time than would be considered safe, the municipality that designs an unsafe intersection, the manufacturer of the helmet that doesn't work, the owner of the bar that served the drunk driver after she was visibly intoxicated, etc. Assuming adequate insurance coverage, there are still additional factors that affect value.
Property damage is usually settled pursuant to agreed published values for the property damaged, reduced by the amount that the person is at fault for his own loss. If you are 25% at fault for an accident, the insurance company may try to offer you 50% of the value of your loss. Don't expect them to pay full value without a lawyer arguing on your behalf.
For personal injuries, if you can agree with the insurance company what the case is worth there will be a settlement. If you can't agree with the insurance company, a trial lawyer can present your case to a jury and judge to determine the value. The insurance companies, in evaluating your claim, will look at your medical bills, length of treatment, frequency of treatment, whether or not there is any permanent disability, whether or not you will need any future treatment, and whether or not you will have any future medical bills. Every detail must be studied so you can get the money you deserve.
Insurance companies will also carefully evaluate your loss of earnings claim. Were you employed at the time of the accident? Did you lose significant time from work? Are you unable to return to work at all? Are you highly educated or did you leave school before graduating? If you have less education, you are more likely to find work involving heavy manual labor and injuries. A significant injury will then make it harder to find similar work after an accident increasing your lost earnings.
Your future damages are important. How old are you? If you are in your thirties, you have approximately a fifty-year life expectancy. That means you are entitled to claim pain and suffering and loss of earnings for a longer period of time then someone who is fifty with the same permanent injury and disability.
Another issue is where the claim is being brought. Cases in some courts are known to insurance carriers and attorneys to get bigger jury awards then other courts. These larger awards can go to higher courts and get reduced on appeal. Nonetheless, the county in which your case is brought can effect the value of the case. Juries in evaluating cases also look at other factors. If you have any convictions for misdemeanors or felonies, or have had previous cases, the jury may doubt your sincerity about this claim. If you were engaged in an activity that jurors think involves unnecessary risk when you got hurt, the jury may give you a smaller award because they feel you should not be rewarded for taking such risks. A skilled attorney can minimize unfair reductions in an award by dealing with these matters beginning with jury selection all the way through closing arguments and by reminding jurors of their sworn obligation to give fair compensation.
Lastly, a case's worth often correlates to how much you are willing to trust your attorney. Most cases settle. Some cases go to trial. You need to feel confident that your attorney can get the right settlement or decision from a judge or jury, otherwise you may never feel that you got what your case is worth.
Mitch Proner
Proner & Proner
1-800-PROLAW1