Most clients ask a very important question when they are at the first consultation: “How much is my case worth?” It is not always a simple question to answer. The true answer is that it depends on a multitude of factors.
The first factor is “liability,” i.e., to what extent is the other person at fault. Also to be considered is the percentage of fault that can be attributed to each litigant. That means that you may bear some responsibility in the accident and a jury can decide a percentage of fault against you. So, if your car was struck by another car from behind, generally the other driver is 100% at fault. Also, if two drivers are involved in an intersection accident and both of them claim to have had a green light, then generally these cases are decided at 50-50 liability percentage.
Basically, each case will have a different outcome on the issue of liability. “Liability” is the first factor in evaluating the case.
The next issue is what are the client’s injuries and how will those injuries affect the client’s quality of life. Additionally, the financial impact that those injuries cause is an important factor. As a general rule, the case value is connected to the 1) type of treatment (e.g., chiropractic, epidural injections, surgery), 2) the frequency of treatment (e.g., 1 -2 times per week, 1 time per month), 3) the length of treatment (e.g., 3 to 4 months, 3 years, 5 years, etc.). Additionally, how well the client recovered from his/her injuries is an important factor (e.g., healed in 3 months versus permanent, life-long injuries).
If the client has suffered a laceration which results in scarring, then it is important to know how that scar is healing, whether surgery was required, the location of the scar, the age and gender of the client.
Another major factor is the “economic loss” that a client suffered. Did the client lose time from work? Did the client never return to work? Is the client on limited work duty? Did the client lose their business? These are considered factors when a jury decides the “economic loss” resulting from a client’s injuries.
As an attorney for over 25 years, I am able to understand the value of a case using my vast experience. I have represented over 2,000 clients over the past 25 years and I apply this experience to each new client. Call me at 718-390-0580 or 718-ABOGADO if you have any questions.