All the clients want to know what their case is worth. That’s the reason they’re calling our personal injury lawyers. The first thing we must do is determine whether we have good negligence or good liability. Assuming that we can prove that the defendant is responsible for our client’s injuries, we look to several factors to determine what their case is worth, including medical expenses, lost wages, and any permanent losses the client suffers.
If you’ve been injured due to someone else’s negligence and are wondering about the value of your case, don’t hesitate to reach out. At Shapiro, Washburn & Sharp, we can help you assess your claim and guide you through the legal process to ensure you receive the compensation you deserve. Call us today at 833-997-1774 for a free consultation.
How Does a Personal Injury Lawyer Determine the Value of My Case?
A personal injury lawyer evaluates several key factors to determine the value of a client’s case. One of the primary elements is the extent of the injuries sustained. The more severe and long-lasting the injuries, the higher the potential value of the case. To assess the extent of injuries, your lawyer will review medical records, talk to healthcare professionals, and consider any long-term or permanent effects the injury may cause.
Another critical factor is the financial losses incurred due to the accident. This includes both economic and non-economic damages. Economic damages refer to quantifiable losses, such as medical bills, lost wages, and property damage. Non-economic damages, which are harder to quantify, involve compensation for pain and suffering, emotional distress, and loss of enjoyment of life.
Your lawyer will also factor in the strength of the evidence available. This includes witness statements, accident reports, photographs, and any expert testimony that can support the client’s claims. The more compelling the evidence, the stronger the case, potentially increasing its value.
Lastly, your lawyer considers the degree of fault or negligence involved. If the defendant is clearly at fault, such as in a case of reckless driving or medical malpractice, the case’s value may be higher.
What Role Does Insurance Coverage Play in Valuing a Personal Injury Case?
Insurance coverage is a crucial aspect in determining the value of a personal injury case. A personal injury lawyer will consider the amount of insurance coverage available from the at-fault party, which can directly impact the compensation a client is likely to receive. For example, if the at-fault party has minimal insurance coverage or is uninsured, the potential for recovery may be limited.
In some cases, a lawyer may look at the client’s own insurance policy to determine if it offers additional coverage, such as underinsured or uninsured motorist coverage. This is particularly relevant if the responsible party lacks sufficient insurance to cover the damages.
The lawyer also assesses whether any other policies, such as health insurance, homeowners’ insurance, or umbrella policies, could come into play. For example, a claim for property damage or medical bills could be supported by the client’s own insurance coverage.
While insurance limits play a significant role, your lawyer will also consider the likelihood of obtaining compensation beyond insurance policies, such as pursuing personal assets in cases where the defendant’s insurance is insufficient. However, this is often more challenging and depends on the financial situation of the at-fault party.
How Does a Personal Injury Lawyer Account for Pain and Suffering in Case Valuation?
Pain and suffering are non-economic damages that can significantly impact the value of a personal injury case. Personal injury lawyers use several methods to estimate compensation for pain and suffering, but this is often more subjective than calculating economic losses.
One common approach is the “multiplier method,” where the total medical expenses are multiplied by a factor (usually between 1.5 and 5) based on the severity of the injury. The more serious or permanent the injury, the higher the multiplier will be. For example, an injury that results in long-term pain or a permanent disability may use a multiplier on the higher end of the scale.
Another approach is the “per diem” method, which assigns a daily rate for the pain and suffering the client experiences from the date of the injury until the resolution of the case. The total is then calculated by multiplying the daily rate by the number of days the client is expected to suffer.
Personal injury lawyers also consider the emotional impact of the injury on the client. This could include factors like mental anguish, depression, and the loss of enjoyment of life. The impact of the injury on the client’s relationships and quality of life will be taken into account when determining a fair amount for pain and suffering.
How Do Settlement Offers and Precedents Affect the Value of My Case?
Settlement offers and case precedents play a significant role in determining how a personal injury lawyer values a case. Lawyers often look at previous case outcomes with similar circumstances in the same jurisdiction to help estimate the value of a client’s case. This comparison helps the lawyer understand what other juries or judges have awarded in similar situations.
In some cases, a lawyer may use settlement offers from the opposing party to gauge the value of the case. For instance, if an insurance company offers a settlement that is higher than initial expectations, it could indicate that they believe the case has strong merit. On the other hand, if the offer is low, it may signal that the defendant’s side is confident that they can win or reduce the damages in court.
The lawyer also considers the risk of going to trial. If the case is likely to go to trial, they may adjust the value based on the uncertainties and the potential for higher or lower damages. Cases with significant legal complexities or those involving juries tend to carry more risk, which can either increase or decrease the final value of a settlement.
What Should I Do If I Think I Have a Personal Injury Case?
Working with an experienced personal injury lawyer and gathering strong evidence can ensure you receive fair compensation for both your past and future losses caused by the injury.
Call 833-997-1774 to schedule a free consultation with one of our dedicated personal injury lawyers. At Shapiro, Washburn & Sharp, we have obtained more than $100 million in settlements and awards for our clients and will work diligently to get you the financial compensation you deserve.