This seemingly simple question often has a complex answer: it depends. Even in straightforward cases, multiple factors come into play, some working in your favor and others against.
The three most important factors:
- Liability: Is the defendant 100% at fault? Could the case result in a defense verdict ($0.00).
- Damages: This includes your medical bills, property damage, lost wages, pain and suffering, inconvenience, and any other financial expenses.
- Amount of Insurance: If there is not enough insurance, you may be limited in how much you can actually recover.
The settlement value of your case typically falls within a range influenced by various factors, including but not limited to:
- Severity of Injuries: Naturally, the severity of your injuries is a driving factor in determining the value of your case. More severe injuries, especially those documented through prompt diagnostic imaging, typically carry greater weight.
- Amount of medical bills: Typically, the higher the medical bills, the higher the case value; however, the correlation between injury severity and medical expenses isn’t always straightforward.
- Injury Disputes: Are the injuries clearly linked to the accident, or will the defense argue that they are pre-existing, unrelated, or exaggerated? The opinions of expert witnesses (doctors) can significantly impact this aspect.
- Medical Treatment: The nature and extent of past and future medical treatments—like emergency care, physical therapy, or surgery—are crucial. Disputes over the necessity of treatments can also affect value.
- Pain and Suffering: This is generally presumed based on injury severity and treatment but can vary based on specific circumstances.
- Permanency and Scarring: Will you fully recover, or will you face chronic pain or permanent scarring?
- Lost Wages and Earning Capacity: Have you missed work, and can the defense challenge your claims? If you can’t return to your previous job, compensation for lost earning capacity may be warranted.
- Jury Perception: How will the jury view and sympathize with you? Having
supportive witnesses can strengthen your case. How will they view the defendant
(based on underlying conduct, remorse, and demeanor at trial). - Attorney Effectiveness: The skills and experience of your attorney can significantly influence case outcomes. A well-prepared attorney can navigate negotiations, mediations, and trials effectively; and persuasively argue your damages (and appropriate compensation) to a jury.
- Trial Risks: Every case carries risks. Being prepared can mitigate some of these, but uncertainty always exists when a jury makes the final decision.
- Venue: The court where your case is filed can greatly impact its value. Each venue has its own characteristics, and understanding this is crucial for strategy.
So, what’s your case worth? Each case is unique, and there’s no universal formula for determining value. Choose an attorney who considers all these factors, educates you on the risks and rewards, and guides you through the legal process.
You can reach me directly at 804-464-7719. If I’m unavailable, please leave a message or send a text, and I’ll get back to you promptly. You can also schedule a call with me here.
I look forward to working hard on your case!
John Merrick