An important question indeed. A person injured in an accident
suffers a variety of losses: lost income, pain and suffering from their
injuries, possible property damage, and often permanent physical
limitations. They are therefore concerned about what they can
expect back from their case.
The simple answer to the question posed in the chapter title is, “It
depends.” This may not be what a client wants to hear, but what can
be done with a particular case is not always clear at the outset. The
ultimate answer to the question depends on three issues: the extent
of your injuries, the strength of the liability claim against the person
who caused your injury, and the amount of insurance available
through the defendant’s insurance carrier.
Liability and Case Value
We must consider two issues. First, the strength of the liability claim
against the defendant. If no one can be held legally responsible for
your injuries, the case has no value, no matter how badly you’ve
been injured. Suppose, for example, that you are in a car accident
and although you suffer severe injuries in the accident, there is no
clear fault on the part of another person. Maybe you caused the car
accident, maybe the other driver did. If an insurance company has
an arguable case that their client was not at fault for the car accident,
they may not be interested in paying significant damages for your
injuries because they will have a chance of winning the case in court.
But suppose instead that you are injured in a rear-end impact car
accident while legally stopped at a red light. In this case, the liability
is clear and the measure of your damages will not be affected by a
dispute over liability.
Injuries and Case Value
The second issue to consider when determining how much your
case is worth is the extent of your injuries. Suppose you are injured
in a fall-down accident and you are taken to the hospital. After you
visit the emergency room, it is determined that you don’t need
further treatment. In this case, your case is going be small because
your injuries are minor. The greater the injury, the greater the likelihood
of a significant settlement or verdict. Damages in wrongful
death claims are significant because of the loss of life, the loss to
the family, and the loss of income for the family. Physical injuries
are commonly what claims are based on for injury cases. In some
instances, mental anguish, referred to in law as “emotional distress,”
can also be a component of a claim.
