| Figuring out how much your case is worth is a critical | | | | If the other driver or other defendants show bad |
| aspect of any accident case, both for you and your | | | | behavior or bad decisions, the jury will respond. For |
| attorney. It drives many decisions, including when to | | | | example, was the other driver DUI, unremorseful, calling |
| settle versus go to trial and how much money your | | | | his girlfriend instead of calling for medical help? Did the |
| attorney should spend on preparing your case. This | | | | trucking company rush investigators to the scene |
| article will teach you all the different issues your | | | | instead of calling for help, did they attempt to destroy |
| attorney is taking into consideration when coming up | | | | evidence, did the apologize? |
| with your case's value. | | | | - Other witnesses. The more unbiased witnesses you |
| What Money (i.e. Damages) You Are Entitled To | | | | have in your favor, the stronger your case is. Your |
| There are three (3) different types of damages that | | | | attorney wants, whenever possible, for your case to |
| are available to you in a personal injury case. They are: | | | | be more than your word against the other driver's. |
| Special Damages, General Damages, and Punitive | | | | Your attorney should also be looking for witnesses |
| Damages. Special damages are those capable of | | | | that can testify about your pain and suffering, but who |
| being proven to an exact amount, usually with the help | | | | are not family members who are biased in your favor. |
| of bills and/or receipts. Special damages typically | | | | - Venue. This simply means the court/county where |
| consist of medical bills, medications, and | | | | your case would be filed. As a general rule, metro |
| over-the-counter medical equipment like heating pads, | | | | counties are more favorable to plaintiffs than rural |
| bandages, etc. Special damages also include lost | | | | counties, which are more conservative. But, and as an |
| wages, lost vacation, lost sick leave, and travel | | | | example of how subtle all this is, if you make a very |
| expenses - traveling to/from your medical | | | | genuine, sympathetic witness for yourself, rural, |
| appointments. You are normally entitled to lost wages | | | | conservative juries have been known to relate and |
| for the time missed from work or undergoing | | | | award more money. |
| treatments even if your employer paid you sick leave | | | | - Percentage of Fault. In some cases a jury will divide |
| at the time. | | | | up fault among you and the defendants. They can also |
| General damages are incapable of exact proof and | | | | apportion fault among multiple defendants. |
| are normally the "pain and suffering" you endured from | | | | - Prior Injuries Also known as pre-existing conditions, |
| the accident. This includes emotional damages such as | | | | these are injuries you sustained to the same body |
| stress, anxiety, and depression. It also includes lost | | | | parts you are saying were hurt in your current |
| social and family events, such as having to missed a | | | | accident. Defense attorneys will comb through your |
| loved one's birthday or a high school graduation for | | | | medical records looking for any injury to argue you |
| example. Finally, general damages also include any | | | | were not hurt in this accident, but another one. The rub |
| permanent physical disability or disfigurement. There is | | | | is that you are entitled to damages even if you suffer |
| no formula for determining these types of damages. | | | | from previous injuries to the same area. What this |
| Many attorneys and insurance companies will use a | | | | factor does do is cause a jury to discount your injuries |
| multiple of your special damages to come up with this | | | | by a certain amount. |
| number. | | | | - Property Damage. Your car should look like it |
| The third category of damages are punitive damages. | | | | supports what happens to you. In other words, almost |
| Punitive damages are meant to punish the wrongdoer | | | | no jury is going to award huge damages for a |
| and are not available in every type of case. Punitive | | | | scratched bumper. But, if the car looks totaled, then |
| damages are extra damages that a jury awards on | | | | there is visual evidence the jury can use to support its |
| top of the other two types of damages. There are | | | | decision. |
| tremendous strategic advantages to pursuing these | | | | - Doctors Comments. Your medical records will have |
| types of damages in your case. For example, | | | | notes the doctor made commenting on your condition |
| attorneys are not normally allowed to show the jury a | | | | and the statements you made to him/her. Juries listen |
| defendant's other prior, bad acts. But if your attorney | | | | to doctors. If you have a doctor writing in your medical |
| seeks punitive damages, your attorney should be able | | | | chart that you are faking your injuries, then you have a |
| to get this evidence in. Your attorney should look for | | | | problem. You can bet the other side will bring that |
| every possible reason to obtain punitive damages | | | | doctor to court. |
| because it puts huge pressure on the defendant in | | | | - Time. The more patient and prepared you and your |
| both discovery and at trial. | | | | attorney are, the more you case will increase over |
| Factors That Increase/Decrease Your Case's Value | | | | time. Typically, you case will bump up in value at two |
| There are many, many factors that affect the value | | | | different points. First, you will reach one value in pre-suit |
| of your case and each case is different. You should | | | | negotiations. Your case will then take a bump in value |
| always have a candid conversation with your attorney | | | | right before trial, when both sides try to settle the case |
| regarding what is affecting your case's value both | | | | right before trial. This is especially true if you and your |
| before you attempt pre-suit settlement negotiations | | | | attorney have performed extremely well during |
| and before going to trial. The following issues will | | | | litigation. |
| affect the value of your case, but is not intended to be | | | | OK, But What's My Case Worth? |
| an all inclusive list: | | | | Some of you are now scratching your head and |
| - Your Age. The younger or older you are, the better | | | | thinking there has to be some formula for putting a |
| your case is. Children aged 1-12 generally have | | | | value on my case. Before I give you the rule-of-thumb, |
| outstanding settlement results. So do people in their | | | | I must tell you there is no substitute for an experienced |
| late 60's and older because of the sympathy the | | | | attorney evaluating your case and all its nuances.That |
| elderly create from the jury. That leaves people ages | | | | being said, you case can usually value your case at |
| 13-59. These individuals do not receive the same | | | | somewhere between 1.5 and 4 times your Special |
| sympathy of both the very young and the elderly. | | | | damages. For example, if your total medical bills and |
| - Type of Injury. Obviously the more severe your | | | | lost wages were $15,000. Your case may have a |
| injuries, the more your case is going to be worth. | | | | value of between $22,500 and $60,000. I know. That is |
| Severe injuries also affect the general damages | | | | a very broad range. The factors above are what an |
| because the more severe injuries are usually assumed | | | | attorney will evaluate to narrow that range. If you |
| to have more severe general damages associated | | | | make a horrible witness, the other driver is a saint, and |
| with them. Compare this with Minor Impact Soft Tissue | | | | the case is going to be filed in a very conservative |
| cases. | | | | county, your case will be on the low end. If you make |
| - Objective Signs of Injury. When a doctor examines | | | | an incredible witness, the other driver was DUI and |
| you, there are subjective and objective findings. | | | | unremorseful and the lawsuit can be brought in a |
| Subjective findings are those things that can't be | | | | pro-plaintiff county, you are on the high side. |
| measured or reproduced on paper. Usually, they are | | | | How Insurance Companies Value Your Case |
| the things you tell your doctor you are experiencing. | | | | The insurance adjusters for most insurance |
| Objective findings, on the other hand, are measurable. | | | | companies handle 100's of claims. If it were not for |
| This includes such things as MRI's, measuring range of | | | | their computer diaries on each case, they couldn't keep |
| motion, and lab reports. The more objective findings | | | | the facts of each case straight. Because the |
| your case has that supports your case, the more | | | | insurance companies handle so much volume, they |
| valuable your case becomes because your injuries are | | | | created computer software to determine your case's |
| not just you saying what they are, but are supportable | | | | value. The most notorious of these is Colossus. This |
| by tests and measurements. | | | | computer system was developed by a consulting |
| - Your Attorney. This is probably the biggest factor in | | | | company called McKinsey & Co. Instead of |
| changing the value of your case THAT YOU CAN | | | | humans evaluating your case, now more and more |
| CONTROL. Think about it. All the other items in this list | | | | cases are taking this away from adjusters and forcing |
| are set in stone. The facts are what they are. But | | | | them to input data into Colossus. The factors the |
| your attorney is different. Insurance companies track | | | | software uses in determining your case's value are |
| which attorneys file lawsuits and which go for quick | | | | closely guarded secrets. What is known is that you |
| settlements. This changes the value of your case. | | | | attorney must do his/her best to provide the adjuster |
| Also, an aggressive plaintiff's attorney will be | | | | all the facts, including diagnostic codes, to the adjuster |
| constantly pushing the other side. This can add | | | | to help increase the Colossus valuation.Your best bet |
| tremendous value to a case because you are putting | | | | against Colossus is to retain a lawyer who will |
| pressure on the defense attorneys as well as their | | | | demonstrate you are willing to take your case to a |
| clients. | | | | jury. A computer can never know your pain and |
| - What Kind of Witness You Are. This is always a big | | | | suffering. A jury will. Also, adjusters will sometimes |
| factor in the defense valuing your case. In fact, one of | | | | override Colossus when faced with a lawsuit so they |
| the primary reasons for taking your deposition is to | | | | can evaluate your case "one more time" before |
| see what kind of witness you are going to make in | | | | incurring the time and expense of trial. Finally, there is |
| front of a jury. That is why your deposition preparation | | | | evidence Colossus does factor in to its valuation your |
| is so critical. It will affect the value of your case. | | | | attorneys history of taking cases to trial versus just |
| - What Kind of Witness Is The Other Driver. Juries | | | | settling cases. |
| tend to focus on emotional decisions and bad behavior. | | | | |