What Is Your Injury Case Worth And How Will The Defendant Evaluate It?
One of the most common questions that injured victims have when they are injured, is how much their injury or their case is “worth.” Of course, what they really mean is what kind, amount or level of compensation they can receive if and when they opt to sue the Defendant.
As you may have guessed, this answer to this question is different from case to case, and there are just too many details that are unique to every case, to give one guide as to what an injury case is actually worth. But there are some factors that go into play, when an insurance company or Defendant analyzes your case, to see what they will offer to you, or when a jury evaluates your case.
What Will a Jury Do?
Insurance companies and Defendants have tried thousands (if not more) of cases, just as your injury attorney has. They know their “best day in court,” and their “worst day in court.” So, they make you an offer to settle your case based on that information. If they are offering you a compensation amount lower than what you wanted, it is likely because they know that is what a jury is likely to do, or otherwise, there is some weakness in your case that the Defendant believes that it can exploit.
Looking at Liability
The first thing that a Defendant will evaluate will be liability. The “value” of your injuries needs to be weighed against the initial question of whether the Defendant is, in fact, responsible for your injuries and the accident itself. It doesn’t matter if your injuries are worth $1 million, if you are 99% responsible for the accident.
That’s why you can’t just look at how injured you are, or your lost wages, or medical bills, and come up with a value. That value needs to be considered against whether the Defendant is liable or responsible.
That necessarily means that your own actions will be evaluated. If you could have avoided the accident, if you contributed to it, if you failed to look out for your own safety, or if your injuries were made worse because you didn’t get medical attention, the Defendant will use that against you, and lower your settlement offer accordingly.
How Injured are You?
Of course, the nature and extent of your injuries will be evaluated as well. The Defendant will want to know how injured you are, and much of that will depend on what your medical records say.
Part of that will be analyzing your pre-existing medical conditions. If you had a medical condition before the accident, the Defendant may also lower your settlement offer, saying that your injuries weren’t actually caused by the accident, but are just an extension of your medical conditions that existed before the accident.
What can you expect in your injury case? Ask us today. Call the Boston personal injury lawyers at The Law Office of Joseph Linnehan, Jr. today at 617-275-4200
Sources:
healthcare.gov/glossary/pre-existing-condition/
investopedia.com/terms/c/contributory-negligence.asp
