In the civil justice system, monetary compensation is likely the only satisfaction that can be obtained by the aggrieved party. If someone is injured, the at-fault party has no ability to rewind the clock and restore their good health. Justice can only be met by full and fair compensation for the harms inflicted on them. This is our system, and it work to prevent fights in the street to settle grievances, and reminds the community that there are consequences for unsafe behavior that causes injury. 
So during the course of a personal injury case, every attorney will eventually be asked by a client, “How much is my case worth?” Sometimes this question is posed at the very first client meeting. Properly valuing a case takes skill, but an experienced attorney should be able to give you useful guidance on this issue. . . eventually.
Winning Your Personal Injury Case
At Sussman & Simcox, we tell clients the two most important things to do are:
1. Give us ample time to understand the factors at play in your case
2. Disregard stories of what family members or neighbors were able to recover in their injury cases.
An experienced attorney knows that there are numerous factors that influence the value of a personal injury case, and many of those factors are NOT known early on. Don’t be frustrated if your attorney is hesitant to answer a “value” question early in your case. There is no benefit to guessing. Instead, it is better to wait and give a more accurate and useful response later in the life of your injury claim.
Factors That May Affect Your Case Value
Here are just SOME of the many factors that may affect case value - How serious was the traffic collision/other injury incident? Was emergency room care required? What were the injuries sustained? Was surgery or other invasive medical care required? How long did active medical care last? Did the client make a complete recovery or does the client face residual problems in the future? Are there injury scars? What was the cost of the medical care? Was time off work required and if so, what is the lost wages? How did the injuries disrupt the client’s normal routine? Does the client have a prior history of medical problems or injuries similar to those claimed here? Is there a liability dispute in the case, which could mean there is no recovery at all for the client? How much insurance is available in the case? If a lawsuit must be filed, is the jurisdiction generally deemed friendly to personal injury cases? Does the client have a criminal history that can be exploited by the defense at trial?
As you can see, many of the factors, such as the length and cost of medical care, or whether the client made a full recovery, are unknown at the start of the case. Be patient. The most accurate assessments of case value are not made until well into the case. And while you may have heard that a family member or neighbor resolved an injury case for a certain amount, you probably have no idea as to all of the important factors that were at play in that case, and it should not serve as a meaningful guide to you or your attorney. So please, resist the temptation to ask - “How come you can’t get me a better offer on my case? My aunt got way more than this for her claim.” All claims are different.
Valuation of Your Personal Injury Case
Lastly, any prediction of case value by your attorney is only the “probable” value of your case and is not a guarantee. No one can always predict the value a judge or jury might assign to your case after hearing favorable and unfavorable evidence. At best, an attorney, drawing on their own courtroom experience, can advise you of a range of what similar cases “typically” bring. But any given case has the potential to be worth more or less than what is “typical.”
We continue to see TV ads for legal services that invite viewers to “Call now to find out what your case might be worth!” Don’t be fooled. This is just a gimmick to get new clients to sign up and is not likely to provide useful information about case value.
