This question is posed to me by nearly every single one of my clients. Unfortunately, this question is complicated, multi-faceted, and dependent on many variables. Quality attorneys know this and will not make promises they can’t keep or exaggeration of value. Attorneys can offer guidance, but they cannot give absolute answers or guarantees regarding a case’s matters. Of course, adept attorneys will have a feel or a reasonable expectation of the settlement range of your case. Still, there is no magical calculator where you can input figures, and the settlement amount of your case will spit out. A knowledgeable and well-skilled attorney will also know all areas of compensation you can receive and how to establish your damages.
I have heard the notion that you can expect to receive three times your damages in a settlement. This is not true, nor is there an industry standard that exists. Most cases will not go to trial – but the value of your case is dependent on what a jury (or judge) would award you were you to go to trial. Some cases that go to trial receive a no-cause verdict, meaning no settlement is awarded. Others obtain a much larger settlement value than anyone anticipated.
There are certain factors that will help establish the concrete damages applicable to your case. These dynamics include lost wages, medical bills incurred, and property damage. However, there are outside factors that also come into play. These outside factors include limits of the liability policy, facts of the case, and notations made in your medical records.
Additionally, there are elements to your case that are hard to value. These elements can be comprised of pain and suffering, mental anguish, disfigurement, scarring, the extent of your injury, and comparative fault. Every case is different and personal, just like each client is a unique individual.
There are supplementary resources that attorneys can look to in an effort to help value your case, which will complement their experience. These resources are the research on past case values, collaboration with colleagues, advice of experts, and trends of the Court.
Don’t rely on false information found on the internet, the defendant’s insurance company, or your neighbor down the street to value your case. Look to your attorney for sound advice, guidance, and the answers to your questions regarding settlement pros and cons, time expenditure, and costs involved with litigating your case.
