TIP OF THE MONTH ARCHIVES

These tips are intended to educate the reader about areas of the law that make up my practice. This information may be helpful to do-it-yourselfers or may simply increase the reader’s knowledge and understanding of the legal system.

How Much Is My Case Worth?

I have some good news and some bad news. The good news is that it is possible to estimate the value of your case. The bad news is that in order to receive a lot of money you must be badly injured. If you are less hurt you will receive less money. It is really that simple.

The judge, jury or arbitrator ultimately decides what your case is worth after hearing the evidence. Here are some factors those decision makers will generally rely on to gauge the severity of your injuries: the length of time you treated for your injuries; the cost of your medical treatment; whether you missed work or lost income as a result of the injuries; whether your injuries are permanent; whether you will have future medical expenses or future lost wages; how the injuries have negatively impacted your life (e.g., cannot participate in activities you once enjoyed; cannot lift heavy objects, cannot do housework, etc.); and how long your injuries negatively impacted your life (i.e., for a few months, a few years or for the rest of your life).

Other factors that play into the calculation are the likeability of the plaintiff and the defendant, the severity of the incident that caused the injury, and the perceived wealth of the defendant. Juries are not told to consider whether a defendant has insurance or not, so a claim against a nice little old lady is worth less than the same claim against a trucking company.

An attorney can provide you with an estimate of the value of your case once he knows the above information. This estimate may be based on his own experience, the published results of claims similar to your own, or both. In any event the attorney’s estimate will be just that – an estimate. At the end of the day, after the competent presentation of all evidence in your favor, it will be the opinion of the judge, jury or arbitrator that matters.

Most cases settle before a judge, jury or arbitrator hears them. In those situations, the plaintiff and the defendant are coming to an agreement as to what value the case would have if tried and thus are settling on a figure without trying the case. When the defendant believes a case is worth less than the plaintiff (or the parties cannot agree on who was at fault for causing the injuries) the case will go to trial before a judge, jury or arbitrator to decide fault and to place a value on the injuries.

Areas of Expertise

Personal Injury

Auto, Truck, Car & Bike Accidents · Products Liability · Slip & Fall Accidents · Wrongful Death · Pedestrian Accidents

Criminal Law

Assault · Domestic Violence · Drugs · Fraud · Identity Theft · Measure 11 Offenses · Property Crimes · Theft

Consumer & Civil Rights

Auto Purchases · Consumer Fraud · Lemon Law · Americans with Disabilities Act (ADA) · Discrimination · Prisoner Cases

Wills & Estates

Wills · Trusts · Estate Planning · Probate · Will Contests · Power of Attorney · Advance Directives | Living Wills