What Is The True Value Of My Case Worth?
If you’ve been in a car accident or any accident resulting in some kind of injury to you or a loved one, then you may wonder, “How much is this case worth?” This is a very complicated question; the answer to which depends on the exact facts of your case. However, this article will attempt to breakdown the big things which go into valuing a case. First, let’s start by explaining the law a little bit.
It’s important to understand that the law in Florida is designed to “make the person whole.” The idea behind this concept is that whoever causes injury to another, it is their responsibility to do what they can to make the injured person the way they were before the accident. This becomes difficult if, say, the injury is bad enough the person looses their arm. To make that person whole again would be to replace the arm. However, this is not medically or scientifically possible. So how does the law view a situation like this? How do we make a person whole again when it’s not possible? The direct answer is, we can’t. So we do the next best thing, we financially compensate them to make their “new normal” as easy as possible.
The first big factor to considered in valuing a case is how bad the injury actually is. Not all injuries have the same value. For example a cut on the finger would not be worth as much as a broken back. The way injuries are evaluated is a combination of money spent on medical treatment, the testimony of the injured party, and any recommendations for future medical care. This is not a hard and fast list as there are many other factors, but these are some of the most important.
The next thing to consider is lost wages and loss of future earning capacity. Lost wages are just the amount of pay the person would have received had they been at work instead of treating their injuries. Loss of earning capacity can best be explained as the negative impact the injury has on the persons job performance. If a person works as a landscaper and looses an arm, they’re ability to do that work is going to be significantly impacted by the injury.
Another thing to consider is the amount of property damage all the vehicles suffered in the accident. Juries typically look at low property damage with high medical bill cases with skepticism. However, every cases is different and the human body is a mysterious and wonderful thing. This means that terrible injuries can occur on even minor fender benders. It simply depends on the person, the kind of vehicle, direction of the impact, etc. etc.
Pain and suffering must also be analyzed. This concept is not a popular type of damages due to perceived, unjustly high pain and suffering awards in the past. However, ongoing pain and suffering is a fact of life for many people. Additionally, not every injury case is a pain and suffering case. In the state of Florida, for car accidents, in order to ask a jury for pain and suffering damages, there must be evidence of a permanent injury. Pain and suffering is complex enough that it could be an article in and of itself. However, whether the injury is permanent or not will greatly affect the value of the case.
While there are many other factors that go into assessing a case, the medical bills, wage losses, property damage, and injury permanency are some of the most important factors. Finding an attorney that has experience accurately assessing and evaluating injuries in personal injury cases is paramount to 1) setting expectations of the client and 2) achieving a favorable outcome. It doesn’t do anyone any good if the attorney argues for 2 million dollars, but the jury only awards $20,000. If you or someone you know has just been in an accident, make sure you choose an attorney that’s able to accurately assess those injuries.