Tel - 414.207.4426
Tel - 608.320.6710
People often ask how much their case is worth. Any honest lawyer will explain to a person that there is no way to know.
Pain and Suffering:
Pain and suffering is different for each person because it is based on the personal things that happened to a person after they were injured. These include things like:
Not being able to pick up a new born baby, working in pain, missing out on retirement money, having to work past retirement, having to retire early, having to cancel a preplanned trip or race such as ironman or marathon, having nightmares, developing PTSD, getting divorced, not being able to have sex with your spouse, becoming angry, becoming forgetful, getting sent to collections for medical or other bills, gaining weight, missing workouts, losing fitness, not being able to cook, not being able to take care of oneself, not being able to write or type, having to go under the knife, having to go under anesthesia, fear of future surgeries, fear of a subsequent crash, alcohol and drug abuse, mental disorders, admission to inpatient mental care, loss of friends, unwillingness to do anything outside of the house, anger from being blamed when not at fault, inability to walk dog, inability to shower oneself, inability to dress oneself, having to take medications, having to pay for medications, having to drive to get medications, anger and embarrassment from having to explain what happened over and over, fear of driving, fear of riding a bike, inability to relate to loved ones who did not go through the same experience.
Here are some things that can have an effect upon how much a case is worth:
1. Generally the more serious the injuries and the higher the amount of medical bills the more money it will take to make up for what happened;
2. Generally if a person is not at fault even partially, the less likely a jury will blame the injured person (although the insurance corporate defense lawyer will almost certainly blame the injured person even if the person was not at fault, even if the person who caused the injuries was cited by the police etc.);
3. Generally if there are unbiased witnesses who are available to testify as to what happened, the corporate defense lawyer and or insurance adjuster will be on notice that there are witness available for a trial if a trial should occur and they may try to settle the case for a fair amount without a trial;
4. Generally if an injured person is "likeable" things will work out better in the long run. A person who comes off as a liar, faker, only out for money, has multiple past criminal convictions etc. will likely cause the insurance corporate defense lawyer to think he has a better chance of winning at trial;
5. People who have been seriously affected by their injuries are more likely to receive more money in settlements and verdicts. If a person is 80 years old and could barely walk, that person is less likely to suffer as much as a 12 year old boy who was on the road to becoming a future Olympic athlete prior to injury.
Considerations in Valuing a Case:
1. How good is the injured person's lawyer and do they actually fight or just give in and settle everything;
2. How old is the injured person;
3.. What does the injured person do for a living;
4. Did the injured person miss work;
5. How bad is the defendant's conduct-did the defendant do something very unreasonable?
6. How clear is the law;
7. How clear is it what happened-are there witnesses, does the defendant agree he or she violated the law?;
8. Did the injured person have prior injuries before this incident;
9. Did the injured person give a recorded statement to the insurance company about what happened?
10. Is there insurance available to pay for the injured person's damages?