Experienced personal injury attorneys know there is no question asked more often and as difficult to answer than; What is my case worth? The answer to this question is based upon many factors which an experienced personal injury lawyer can best answer.
Our system of civil justice is terrible at valuing the loss, but rather consistently values the lawsuit. For instance, there are many cases involving horrific tragedies such as the death of a child, the loss of which can never be compensated for. Nonetheless, our judicial system attempts to assign a value to such an incomprehensible losses. Hence, the value of most lawsuits never truly compensate for the irreplaceable loss of life or limb. So how do we lawyers come up with a value for injury cases? Understanding this is an imperfect science, lets get cracking.
Most experienced personal injury lawyers will consider the below factors, as well as personal experience, to provide clients with a range of what a case may be worth. The factors that determine value of a personal injury case include:
1) Strength of liability
3) Severity of Injury
4) Medical Bills: past and future
5) Economic Loss: Wages and Loss of services
6) Aggravating Factors
7) Skill of Attorneys
Strength of liability: The settlement value of a case will often be greatly affected by the strength of the liability. For instance, if two auto accident plaintiffs have the same injury (broken back) the pretrial settlement offers may vary greatly based upon the strength of the liability argument.
If liability is clear (rear end collision), than the pretrial offer will be higher to take into account that there will be a verdict, and it is just a question of how much. On the other hand, if liability is disputed and the defendant has a chance of winning on liability, the pretrial settlement offer will be considerably less to reflect the real possibility that the defendant may walk away paying nothing.
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