The value of a claim is based on many different factors that depend on the circumstances of your case. First and foremost, there must be negligence. That is, the at-fault driver must have driven in a way that a normal and carefully prudent driver would not have driven in the same situation. If there is no negligence, then there is no recovery. Assuming the other driver is negligent, the value of a claim varies based on the facts.
Ultimately, the value of compensation an injured person is entitled to recover is within the collective wisdom of a jury. Since almost all cases will settle without a jury, we determine the value of any possible settlement on the information a jury might find important. In other words, the value of a case is based upon the amount a jury would likely award.
In turn, juries respond to the following factors:
- The defendant’s actions leading up to the collision
- Whether the defendant acted poorly before, during, or after the collision
- Your actions leading up to the collision
- Whether there were any eye witnesses
- Whether you were treated at the scene
- Whether you were transported by ambulance to the hospital
- Whether you required hospitalization (beyond the emergency room visit)
- The amount of your medical bills
- Whether you required surgery- either in the past or will require surgery in the future
- Whether you will require any future medical treatment in the form of physical therapy, pain medication, prescription drugs or additional doctor visits
- Whether you had a pre-existing medical condition that was aggravated by the accident
- Whether your medical complaints are credible
- Whether your doctors are credible.
These are just a few of the factors; there are many more to consider depending on the facts of your case.
Many people follow the myth that the value of their case is based upon a multiple of three times the amount of their medical bills. This belief is false, and it fundamentally ignores that a case is worth what a jury would likely award. For this reason, you should never assume that your claim is based on a mere mathematical calculation.
After considering all of these factors, your attorney should be able to provide a range of possible recovery. This will lead to the value of your claim. Feel free to contact us directly for additional information and a free consultation the possible value of your claim.