How Much Is Your Case Worth?
Often one of the first questions asked by people who have been injured in an accident is "What is my case worth?" Our standard response is only stupid lawyers or lying lawyers give opinions as to values of cases before they have investigated the facts, reviewed the medical records and bills, found out if the client has permanent injuries, and checked to see how much insurance is available.
Be careful when a lawyer starts making promises as to the value of your case before he or she has done their homework.
The value of the case should only be determined after:
- 1 The client has finished medical treatment;
- 2 All medical records have been reviewed;
- 3 All medical bills have been obtained;
- 4 All wage loss information has been received;
- 5 The treating physician has been consulted to see if the client’s injuries are permanent;
- 6 The facts surrounding the accident has been completely investigated to make sure someone else is responsible (is negligent);
- 7 The source of collection is determined. This is usually the other person’s insurance company. In car 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.
- read more: How Can This Be Happening to Me?
We understand it’s tough being injured because someone else was careless. It’s even worse when you don’t understand the law and the process of getting your claim resolved. There are some guidelines to help:
- 1 There is a so-called trinity as to all personal injury claims: liability, damages, and source of collection. You need all three or your case isn’t going to be worth much. Unfortunately, seldom is there a perfect case. Usually there is a dispute as to the extent of the damages or whether the other side is liable.
- 2 Liability means fault. Who caused the accident? Did someone act with less care than was reasonable under the circumstances? If they did, that’s negligence. Sometimes more than one person is at fault. In these cases their negligence is compared, and their fault must be apportioned. If you (the injured party) are partially at fault in causing the accident, your damages will be reduced by the percentage of your fault.
