QUESTION
How does a personal injury attorney determine value of the case?
Asked on May 15th, 2015 on Personal Injury - California
More details to this question:
I was the victim in a very traumatizing traffic accident 3 months ago. I am still recovering. My husband and I were driving when we were T-boned and our car was totaled. My leg was broken, I had lacerations to my face and arm, and received several burns. We are thinking about pursuing this further because of the extent of our injuries. How do personal injury attorneys actually determine the initial value of a case like ours? We do not know which ballpark figures to trust.
14 ANSWERS
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Thank you for a well thought-out question. All too often, people will ask "how much is my case worth", not realizing the process that goes in to case evaluation. Assessment of damages in a personal injury case requires detailed analysis of liability, the injuries, and the effect of those injuries upon the individual. This analysis includes application of legal principles, evidentiary factors, medical documentation, out of pocket expenses, calculation of future losses and experience in your jurisdiction as to likely range of prospective jury awards. So, first, there is the matter of liability, and the police accident report is the first thing we look at there. Next, of course are all of the medical records, then the loss of income and potential loss of future income. After that, come subtleties: the age of the victim with regard to permanent disability and disfigurement; how well do I think a jury would kie this person, should the case come to trial; the attitude of a prospective jury pool; typical verdicts in similar cases. . I usually spend about 4 - 6 hours reviewing a file once it is complete in order to determine my settlement position. I'd be skeptical of a lawyer who would just sit behind his desk, look up at the ceiling and give you a number that he thinks you will like, even more so of someone who would give you a number after a three-minute phone conversation.
Answered on May 18th, 2015 at 8:20 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Attorneys will usually use a # of sources to put a "ballpark" value on any pi claim. They will use their personal experience and mentally compare your liability situation, and your injuries/damages, with other similar cases they have handled. They can do research online and/or with verdict reporting services to try to find similar cases in the jurisdiction that applies to your case. They can also consult colleagues to "pick their brains" relative to your facts/damages and what knowledge they have about settlements/verdicts of similar cases. As insurance companies tend to do, they can also add up your "specials" (ie: wage loss, medical bills - past, present and future) and use a "multiplier" or "factor" and apply it to the "special damages" figure. Insurance companies also use computer programs to establish what they might pay on a case, and although I've never checked into whether such programs also exist in the public domain, that may be another way of coming up with a value.
Answered on May 18th, 2015 at 5:44 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Every case is different depending on all the facts, including whether a group of strangers called a jury will want to help you fully recover. Medical costs and lost wages are a start but no one would exchange money just for this loss, however, juries are not known to be generous unless they are truly motivated by something. That is what is always difficult to assess. Understandably, most victims feel suffering is worth more than insurance adjusters. Attorneys can level the negotiation table.
Answered on May 18th, 2015 at 5:30 AM
James Eugene Hasser
Without going into a dissertation, I would simply say, by knowledge and experience. Do your due diligence by way of research and seriously consider consulting an experienced injury lawyer.
Answered on May 18th, 2015 at 4:17 AM
Speak to several local attorneys; there will be no charge for an initial consultation. It may actually be too early since you have not yet made as much of a physical recovery as you will. ?Coming up with a value is a big guess involving a lot of factors that the attorneys should tell you about.
Answered on May 18th, 2015 at 4:04 AM
Your case will be evaluated upon the basis of the liability facts and evidence supporting the nature & extent of your injuries and damages. There is no formula to apply. The adverse insurance company, if any , will pay as little as possible to settle your claim. An experienced personal injury attorney who is willing to try cases can level the playing field.
Answered on May 15th, 2015 at 4:59 PM
Ronald A. Steinberg
That would be experience.
Answered on May 15th, 2015 at 4:28 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Is extremely difficult to give a estimate of the value of a case on a telephone or first interview. The most relevant facts are your actual damages, which appear to be quite severe. I would most certainly suggest that you consult with an attorney now before you sign any documents which you might not fully understand and which could cause your rights to be severely impacted.
Answered on May 15th, 2015 at 4:23 PM
1 Award
There is no simple way to figure that out. A lawyer must determine what the medical bills are; how much time off work had to be taken and what the wage loss was; whether there will be medical bills in the future, and, if so, how much those will probably be; whether there will be any impairment of earning capacity in the future because of the injuries; whether the injuries will be permanent in nature; and the degree of pain and disability, past and future. The facts of the accident also factor in, since contributory negligence on the part of the injured party may result in a reduction in the recovery. Also, health insurers who paid bills incurred because of the accident usually have a right to recover the amount of the bills the health insurer paid. The type of health insurance may make a difference in whether or not the health insurer needs to be paid back.
Answered on May 15th, 2015 at 4:23 PM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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In personal injury cases the value of the case depends on various factors: These are some of the factors: 1. Your harms and losses: This will depend on the nature of your injury. Eg. Fractures,surgery etc will increase the value depending the nature of healing. If you have ongoing residual problems , limitations, prophylactic restrictions, ongoing pain, all these are factors that increase case value. You collect General Damages(Pain and suffering,emotional Distress) and Economic damages(Medical bills past and future, loss of income and earning capacity,if you lost time from work and is unable to work due to physical limitations) are all recoverable. Finally, the negotiation will depend on the insurance policy limits and the skill of your lawyer. These days, a lot of times insurance companies may make offers inherently low and you will have to work those numbers up. Insurance company always evaluate your case based on statistical data and case jurisdiction. So your case value greatly depends on the nature of your injuries, your past and future medical expenses, and pain and restrictions . Your case can be in a six figure value but can only be analyzed only by having specific details including review of your medical records.
Answered on May 15th, 2015 at 4:23 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The 'dollar value' of damages is inherently uncertain, especially near the beginning of a case. The lawyer should question you closely about all the facts of the accident, and all the effects of the accident on your life (medical bills, additional costs for household work, lost wages, pain and suffering both temporary and permanent, loss of pleasurable activities, effect on sex life, etc. etc.) The lawyer will probably consult one of the journals or treatises which examine settlements and jury verdicts in this State and throughout the country, and apply the premium or discount which has been calculated on the averages as applying to awards in the given county. A very weak rule of thumb is 'three times specials.' That is, add up the total of the special damages meaning those which can be readily measured in dollars, and multiply by 3 for a final settlement. My own experience is that this is not a very reliable rule of thumb, but it could be a starting point for thinking things through. Consult an experienced personal injury lawyer. Good Luck.
Answered on May 15th, 2015 at 4:22 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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A case like yours requires careful review of the existing injuries, bills, and medical records. In your case, you would also want to investigate any future consequences as a result of your broken leg, as well as whether you will have any disfigurement as a result of your lacerations and burns.
Answered on May 15th, 2015 at 4:14 PM
Personal Injury Attorney serving Overland Park, KS
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Ankerholz & Smith
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Great question! Personal injury attorneys must rely on their knowledge of injuries, admissible evidence, trial experience, and local jury tendencies to evaluate a case. It appears that you have substantial injuries. Consult an experienced personal injury lawyer. Time limitations apply, so do not delay. We are here to help.
Answered on May 15th, 2015 at 4:14 PM
Edwin K. Niles
Many lawyers subscribe to a service that outlines the results of cases which have gone to trial. Beyond that, it's largely a matter of experience, so make sure that your lawyer has been around long enough to accumulate that experience. Remember that the ins. co. adjuster has a job, which is to pay you as little as possible. Don't expect him/her to be on your side.
Answered on May 15th, 2015 at 3:50 PM