The value of a personal injury case is generally determined by the liability of the parties, the extent of the injuries (and your claim for loss of earnings, if any) and the venue where the case will be commenced.
1. Liability. This refers to the extent to which the defendant is legally responsible for the accident. Defendants usually argue that the person commencing the suit (the plaintiff) was partially or wholly responsible for the cause of the accident. This is a "contributory negligence" argument and it impacts the value of the case.
2. Extent of Injuries. A person sustaining a fracture has an injury of higher worth than a person who has sustained a bruise, for example. This is what we mean when we say that the value of the case is determined by the injuries.
3. Venue. The location where the case is commenced is the "venue". This may be determined by the residence of the parties or something else. An attorney commencing suit will seek to determine the most favorable venue at the commencement of the case. Certain venues may provide more favorable awards to plaintiffs, while other venues may provide favorable awards to defendants.
A plaintiff's attorney usually attempts to negotiate a settlement with the defendant's attorney or defendant's insurance carrier at some point during the life of the case. Settlement can occur at any point; the beginning, the middle or the end of the case.
Most attorneys value a case based on their experience litigating cases in that particular venue or by performing a jury verdict search. An attorney will put thoughtful analysis in negotiating a settlement; however each case is different and must be looked at specifically to determine its worth.
Zuniga & Rinaldi LLP is a dynamic, general practice law firm situated in Great Neck, New York. Our attorneys handle personal injury actions, real estate matters and wills & estates. Call 877-737-8539 to speak with an attorney today! For more information, visit our accident practice area, real estate practice area or wills & estate practice area.