Dollars and Sense

At some point in every case I handle the client will ask me, "What's my case worth?" That's a difficult and complicated question to answer. Case valuation, in my humble opinion, can often be the most difficult aspect of the case.

A variety of facts are considered in assessing the value of a personal injury case. Among them are the venue, the types of injuries, the permanency of the injuries, the property damage done to the vehicles, the parties, the witnesses, and the amount of economic losses the plaintiff suffered. This is by no means a comprehensive list. Using these factors, your lawyer should be able to provide you with a well-reasoned estimate of what your case may be worth in front of a jury or other tribunal. But, an estimate is all it will ever be.

No matter how good or bad the case, it is ultimately only worth what the jury says it is worth. Aside from medical bills, lost wages, and other economic losses, a jury is instructed by the judge to base their award on the same logic and common sense they use in their everyday lives. There is no mathematical formula (i.e., no "multiply everything by two" or "multiply everything by three") that they are required to follow. It's all based on their common sense...the same common sense they use when they choose to watch Snooki on MTV's Jersey Shore tonight. Scared? Don't be. I believe for the most part jurors take their job seriously.

The point is that we have no way of knowing what your case is truly worth until the jury tells us. There are no guarantees with trial and going to trial is a risk and a gamble. Fortunately, the risk is often a calculated one. The decision whether to settle your case with the insurance company or to go to trial is not one that should be taken lightly and it should a well-informed decision you are comfortable with.