What Is My Case Worth?

Valuing a Personal Injury Case

If you were hurt through no fault of your own, your mind is likely racing, your head spinning, wondering how you will get your life back on track. How can I get rid of this excruciating pain? Who will pay for my medical bills? What if I have to miss work? A natural reaction is to wonder how you will be reimbursed for these expenses and made whole. In other words, what is the value of my case?

This is not an easy question to answer. Unfortunately, misinformation exists that states all personal injury cases come with their own mathematical formula or multipliers. Instead, the value of a case depends on numerous factors. Before speaking with any insurance adjuster, including one from your own carrier, you should consult with an experienced personal injury lawyer of your own. Nahon, Saharovich & Trotz has fought for injured victims for 25+ years, recovering over $1 billion in verdicts and settlements on behalf of our clients during that time.

Case Value Can Depend on Many Factors

Generally speaking, no two cases are alike. In the realm of personal injury, there will always be different parties and circumstances surrounding an incident. Insurance policies differ between cases, as trucking companies typically carry commercial policies with significantly higher limits than state law requirements for private citizens. Further, insurance carriers differ on how they evaluate losses and damages, and even within the same insurance company, individual adjusters will have their own philosophies. However, one thing remains the same regardless of how you got hurt – the law places the burden on you, the injured victim, to bring your case and prove what happened.

If you can establish your burden of proof, the law will dictate the compensation that may be available. In most personal injury actions, compensatory damages can be recovered. This category of damages can be broken down into economic and non-economic losses. Economic losses include items like medical bills (emergency room, surgery, physical therapy, etc.), lost wages, and diminished earning capacity. Non-economic damages are more subjective in nature and include pain and suffering, loss of enjoyment of life, emotional distress, and loss of consortium. While compensatory damages are designed to make a victim whole, punitive damages are issued to punish a defendant for particularly egregious conduct, such as drunk driving.

Valuation by Case Type

States have specific laws in place governing tort actions, and the relevant burden of proof can differ among case types. For example, the traditional legal burden in a car accident case is proving that another driver breached a legal duty owed to you to drive safely and act reasonably under the circumstances. In a premises liability or slip and fall action, the victim may need to show that the business or an employee created a dangerous condition or knew about such condition yet failed to act. In some product liability actions, a manufacturer may be held strictly liable for injuries. Workers’ compensation, on the other hand, is generally a no-fault system. This means the injured worker merely has to prove he or she was hurt while acting within the course and scope of employment.

It is critical to investigate all avenues of recovery. Multiple parties may bear responsibility for your injuries. Failure to identify additional defendants, such as automakers, product manufacturers, or other negligent parties, could result in you recovering less than you are entitled under the law. Common personal injury cases include the following.

  • Car accident
  • Truck accident
  • Workers’ compensation
  • Product liability
  • Medical malpractice
  • Nursing home negligence
  • Slip and fall
  • Inadequate security
Valuation by Injury Type

While the facts of an accident are vital in terms of establishing liability, proving damages is just as important. Theoretically, it is possible for a victim to prove another party acted negligently yet walk away with no compensation. To avoid this happening to you, it is wise to retain a skilled attorney to act on your behalf. Damages can account for the injuries you sustained, extent of injury, treatment received, whether you missed work, and how the incident affected your life. Below are common injuries sustained by personal injury victims.

  • Paralysis
  • Amputation
  • Spinal cord damage
  • Neck and back injuries
  • Broken bones
  • Shoulder injuries
  • Permanent scarring
  • Head injuries
  • Wrongful death

Speak with a Personal Injury Lawyer Today

Nahon, Saharovich & Trotz is a large regional personal injury law firm. Our team, which consists of more than 30 lawyers and 120 support staff members, represents people throughout Tennessee, Arkansas, Mississippi, Missouri, and Kentucky. We handle all cases on a contingency fee basis, meaning clients do not owe any money up front, and the attorney fee comes out of the recovery. For a free consultation with an attorney, call us 24/7 at 800-529-4004 or complete our online form.

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