The value of your claim is a difficult issue to determine because there are so many variables that affect valuation. Generally speaking, valuation is a function of (1) liability, and (2) damages. In terms of liability, the issues will include whether the at-fault party is 100% responsible for the motor vehicle accident("MVA"), or whether you or any third party bear any responsibility for the MVA. If so, there will be a reduction in the value of your claim based on the percentage of your contributory negligence. In terms of damages, the issues will include the severity of the impact/amount of property damage to the vehicles involved in the MVA, the type(s) of injuries you suffered in the MVA, i.e., fractures/broken bones, disc abnormalities (such as protrusions, herniations and extrusions), whether you had prior injuries or degenerative conditions to the injured parts of your body/spine, the treatment you receive after the MVA, the type (ambulance transport, ER care, subsequent MD, DO and/or DC treatment), any gaps in treatment, the reputation(s) of your treating physician(s), your treater(s)'s opinions re: diagnosis, future medical expenses you will reasonably incur in the future (and for how long), any unpaid past medical expenses and any unpaid past wage loss, any impairment of your future earning capacity (based on the injuries you suffered in the MVA), any scarring or disfigurement (from the injuries you suffered in the MVA),the number of claimants making claims against the available insurance coverages, the adjuster and at-fault driver(s)'s insurance carrier(s) and the applicable bodily injury (BI) and/or uninsured motorist (UM) insurance coverage, the locale in which your claim is being presented, your background (and convictions for felonies or crimes involving dishonesty, what type appearance you make, whether there is anything about the MVA or at-fault driver that will anger a jury (commercial vehicle, drunk driving, speeding, etc.), etc. While the above is not an all encompassing list of the variables that can affect the value of your claim, it should be apparent to you that the issue of claim valuation is not an issue that can be addressed to any degree of precision, without A LOT more information. That being said, probably the best answer is that your claim is worth what a claims adjuster (if you settle) or a jury (if you try your case) decides to pay you on your claim.
Answered on Dec 11th, 2012 at 2:44 PM