HOW MUCH IS MY CASE WORTH? | FACTORS THAT AFFECT THE SETTLEMENT VALUE OF A CASE

HOW MUCH IS MY CASE WORTH?
The question of the value of a case is one that is often asked by my clients early in our working relationship. It is common for it to be asked at the time of our first meeting. When I first began representing the injured person, or families, I was very concerned by this question. I have always want to give as much information to my clients as possible. I understand that accidents and injuries cause lots of worry and anxiety. However, I have learned over the years that trying to give a specific dollar value too early on may prove more of a disservice to my clients.
I have been handling these types of case in the Chicago area and Northern Illinois for over 30 years. In that time I have learned that sometimes cases that seem very straightforward can become complicated as the case unfolds and litigation proceeds. Sometimes the opposite is true. Sometimes a case that seemed complex and the injury not so serious turns out to be one that is straightforward to prove and the injury is revealed as being more serious than first thought.
FACTORS THAT AFFECT THE SETTLEMENT VALUE OF A CASE
This is not meant to be an exhaustive list of items but it does contain most of the factors generally considered:
–WHERE THE LAWSUIT MAY BE FILED
Historically, jury verdicts are highest in certain counties or circuit courts. Not all cases have to have a lawsuit filed but most attorneys and insurance adjusters evaluate cases from the possible jury’s perspective. Unquestionably the consistently largest jury verdicts are returned in Cook County. After that, there is a major drop in the amount generally awarded by a jury for an injury case. All cases are different but when those analyzing trends compare awards from Cook County with those from the collar counties for similar cases, the verdicts generally will be highest in Cook County.
Knowing the rules as to where cases may be filed (and the skill at keeping them pending there after a lawsuit has been filed) will help bring back both a larger verdict and as well as obtain a larger settlement.
–WHAT HAVE JURIES AWARDED IN THE PAST
In assessing the potential value of a case, the amount of awards have been returned in the past is another factor to use to evaluate the potential value of a claim. It is one of the ways that all parties in the field of personal injury cases try to put a dollar value on a claim. Since we know that insurance companies and insurance defense attorneys use the data from prior awards, it is something that attorneys representing plaintiffs (the injured party) also use in evaluating a case. Again, each case is unique but there are trends that seem to hold over extended periods of time that are useful in trying to determine value.
–THE TIME LINE OF MEDICAL CARE
It is accepted in the area of the law that insurance adjusters, insurance defense attorneys and juries are all swayed by evidence that a plaintiff complained of pain at the scene, left the scene in an ambulance and then had a consistent course of treatment by qualified medical provides following suffering an injury. The strongest case scenario would follow this pattern. However, things don’t always play out that way. Sometimes a person doesn’t feel badly enough to ask for an ambulance, but does later that day or the next day or so. While this is not unreasonable, insurance companies, their attorneys and their hired medical experts will try to argue that since no complaints were made at the scene, the problems the plaintiff is complaining about may be due to some other incident or problem. Sometimes people have no health insurance and they are concerned about the cost of an ambulance and ER. However, it is more challenging to prove that a person is injured and the extent of the injury if no medical care is sought and received or that care is ended before the medical condition is resolved.
–THE TYPE OF MEDICAL CARE RECEIVED
The type of medical care received has an impact on the potential value of a case. While there are many forms of alternative, non-traditional health care, what impresses insurance companies and their attorneys are seeing that medical care was provided by a well-trained medical doctor. That is, a physician with M.D (medical doctor) or D.O.(doctor of osteopathy) after his or her name. Chiropractic, acupuncture, massage therapy and other treatments may have an appropriate role in the recovery of an injured person. However, the insurance companies and their attorneys place less weight in the opinions rendered by physicians and practitioners of alternative medicine. If a claimant’s only care is from a practitioner of alternative medicine, the case may be viewed as having less value. This is based upon evaluations of jury verdicts over a long period of time that award lesser amounts with these facts.
–THE ABILITY TO RETURN TO ONE’S JOB
If someone is badly hurt, it is presumed that you are unable to go to work. Of course, this is affected by the type of work someone does and the type of injury suffered. If a claimant is claiming they suffered a terrible injury and are receiving active medical care but still going to do their job, the insurance company will doubt the seriousness of the injury. The fact that the injured person needs his or her paycheck to survive is rarely taken into consideration. Remember that so much of the evaluation of a claim is done in the light of imagining what will be said and presented to a jury and it is understandable that the average juror may be impressed with an argument that the injury couldn’t have been that bad since the plaintiff was still able to go and work a 40 hour week at a construction job.
–THE AMOUNT OF PROPERTY DAMAGE FROM THE ACCIDENT
This is typically only a factor in a motor vehicle accident. If the vehicles involved in an accident have little or no property damage, it is easier to convince a jury that little or no injury would have occurred. The insurance company will look at the case the same way. The reverse is true; that is an accident with major damage to the vehicles makes it more likely the people involved suffered injuries Even though many cases have shown many clients seriously injured in collisions with little damage and people walking away with little or no injury in cases where the vehicles were destroyed.
–HISTORIES AND STATEMENTS IN THE MEDICAL RECORDS
When one is in an accident and goes to the ER or to the doctor, a nurse or the doctor asks what happened, asks about problems or pain and usually some questions regarding prior medical care or problems. What gets written in the records of the health care providers often have a major impact on the outcome and value of a case. Typically the history is accurate but often it is not and it becomes quite a problem to deal with a doctor that put in a history that is just plain wrong. Usually they will deny any error since to admit a mistake was made is tough on their egos.
–THE OPINIONS OF YOUR DOCTORS
Obviously the opinions of your treating doctors have a significant impact on the value of your claim. Many things can impact the final opinion a doctor may have as to the extent of an injury and the prognosis. This is another reason that it is speculative to try to assess the value of a case until medical treatment is completed and the injured person has gone back to work and their pre-injury daily activities. Only then can you get a sense of any disability and continuing pain and limitations. Only then can doctors arrive at reliable opinions as to whether these problems will continue into the future and for how long.
–THE DEFENDANT’S BEHAVIOR
We really only should refer to the at-fault person or company as a defendant if a lawsuit is filed. However, it is common for the sake of clarity to refer to that party as the defendant from the beginning. Most accidents are caused by negligence, that is, someone, a driver, property owner, contractor, etc. makes a mistake and someone gets hurt as a result. The party that makes a mistake is not evil and did not intend for it to happen. However, sometimes the at-fault party engaged in such foolish or outrageous behavior that it should have been foreseeable that harm could occur. The easiest example of that is when someone drives while intoxicated. We all know that is dangerous and to do so shows a disregard for the safety of others. When a defendant engages in that sort of behavior and that behavior is admissible (under the rules of evidence, not all behavior is allowed before a jury – this is the subject of a future article), it is likely to increase the amount a jury will award as it may inflame their reaction to the defendant’s behavior. That type of behavior will also increase the settlement value of a case.
CONCLUSION
As I said above, this is intended to be a list of the major areas to consider when evaluating a case, both to determine the likelihood of success and the potential value for the harm suffered by a client. These are also areas an experienced attorney is likely to use in deciding if he or she will undertake to handle the case for the injured party.