FAQ - How Much is Your Case Worth ?

Northern California Injury Lawyers

Often one of the first questions asked by someone who has been injured in an accident is, “What is my case worth?” The only way to offer a valid opinion on this subject is to investigate the facts, review medical records and bills, find out if the client has permanent injuries, and check to see how much insurance is available. Only at that point can a reasonable estimate be made, and even then assessing the relative value of a case is imprecise at best.

The value of the case should only be determined after:

• The client has finished medical treatment.
• All medical records have been reviewed.
• All medical bills have been obtained.
• All wage loss information has been received.
• The treating physician has been consulted to see if the client’s injuries are permanent.
• The facts surrounding the accident have been completely investigated to make sure someone else is responsible (negligent).
• The source of collection is determined. This is usually the other person’s insurance company. In California accidents, if the other person doesn’t have insurance or the insurance is inadequate, the source of collection may be the injured person’s own insurance company.

We understand it’s tough being the victim of a California personal injury because someone else was careless. It’s even worse when you don’t understand the law and the process of getting your claim resolved. However, there are some general guidelines to help you in this process.

• There is a so-called trinity as to all personal injury claims: liability, damages, and source of collection. You need to establish all three or your case won’t be worth as much. Usually there is a dispute as to the extent of the damages or whether the other side is liable.
• Liability means fault. Who caused the accident? Did someone act with less care than was reasonable under the circumstances? If so, that’s negligence.
• Damages are the second necessary part of the personal injury trinity. If you were in an accident but weren’t injured or didn’t sustain any damage, you don’t have a claim. But if you have suffered a California personal injury, you are entitled to fair and adequate compensation. Good lawyers believe the value of damages is based upon what they believe a reasonable jury would award as fair and adequate compensation. Bad lawyers base value upon whatever the insurance company will offer—even if it isn’t fair.

Generally, there are three types of damages:

• Economic losses to date: The primary past economic losses are expenses for medical care and lost wages.
• Future economic losses: These are usually expenses for future medical care and future loss of income.
• Past and future pain and suffering for the physical and mental anguish experienced: This is the most difficult area to prove. There are no books that juries are allowed to use to make this determination. The question is what would a reasonable person take for these injuries. Understandably, it can be impossible to place an exact dollar amount on pain, permanent disability, or disfigurement. Many insurance companies use a mathematical formula to figure how much should be paid for personal injury cases. For instance, often adjusters multiply the past economic losses by 1.5 or 2 when the injuries are relatively minor and by 3 to 5 times when the injuries are more severe. Normally, the more serious and painful the injury, the greater the multiplier. However, you shouldn’t let an adjuster subject you to calculations that are not in your best interest. Your body, your injury, and the value of your claim shouldn’t be calculated by some formula that favors the insurance company. Your case must be examined by its own merits.
  
  

| Print this Page