What Is the Monetary Value of My Personal Injury Case?
If you ask any experienced Pennsylvania personal injury attorney or Philadelphia car accident lawyer what your case is worth, an honest and experienced attorney will tell you that each case is unique and dependent upon multiple circumstances and variables. Many times at our initial meeting, a client will ask “Do you have an idea of what my case is worth?” and although they are normally frustrated when I give them an honest answer, I am always surprised to learn that many times some attorneys will promise a certain amount of money which is honestly impossible to guarantee or estimate as each case is unique. I analogize the situation to having a suit tailor-made or buying one off the rack at J. C. Penney.
An experienced Philadelphia personal injury lawyer will evaluate all aspects of the case and adjust the strategy accordingly as the case progresses. Each case contains so many non-inclusive details that will potentially affect the case valuation. These circumstances are specific to the person and the injury but it can change during the processing of the case. The idea of compensatory damages is to fully compensate one for their injuries and pain and suffering sustained as a result of the incident. Quite simply, I like to tell my clients that prior to the incident, they were functioning as a whole person or a whole “pie” and that after the accident, a piece of the pie has been taken away and the defendant would be obligated to pay for the value of that “slice of pie.”
Below are some of the factors that may give you a better idea of how lawyers, insurance companies, and ultimately juries put a value on an injury:
1. The most relevant factor in determining the value of a personal injury claim is the type and severity of the injury. Generally speaking, the more severe the injury is the more it is worth. However, one must also consider how permanent the injury is.
2. The next step in determining the valuation of the case is what will be necessary for the claimant to make a full recovery and how will it affect the plaintiff’s lifestyle. Will you be prevented from doing things that you enjoy and will it prevent you from performing basic tasks such as walking, riding, eating, or living a normal live. How does your injury affect your job, your relationship with your family, your sexual life with your spouse or girlfriend or your relationship with your kids.
3. A financial loss is common in cases involving catastrophic and permanent injuries. It is common for your attorney to ask for reimbursement for lost wages if you have missed work as a result of your injury/injuries, as well as for loss of future earning potential. If you are required to work at a lesser paying job in the future because of your injuries or if you cannot work at all anymore, you should be able to recover the differential.
4. Reimbursement for any property damage must also be considered. For example, an experienced personal injury lawyer should ask for additional money if you are in a car accident and your car is damaged or totaled. This is perhaps the simplest category to put a definitive dollar amount on because it is fairly straight forward
5. Compensatory damage for pain and suffering is the most questionable yet valuable part of a compensatory damage claim. Pain and suffering varies greatly for each individual in similar accidents, even if the injuries are identical. The calculation should involve one’s age, occupation, lifestyle, tolerance for pain, psychological injuries, humiliation, embarrassment, frustration, and the loss of life’s pleasures. Obviously, these factors differ from one person to another and these factors are non-inclusive. At Reiff and Bily, we also value the loss of one’s dreams and hopes.
The experienced Pennsylvania catastrophic and wrongful death lawyers of Reiff and Bily have successfully tackled the toughest defendants with a track record of financial success for our clients since 1979. For a free no-obligation consultation, please feel free to contact us at 1-800-421-9595 or online at www.reiffandbily.com. We offer a no recovery, no fee guarantee on all of our cases.
