Approximately 95% of all personal injury cases settle before going to trial. Typically, before any trial, both the plaintiff and defendant have an idea of the factual and legal issues present in the case, and also have an idea of the value of the case based upon the liability, the plaintiff’s physical injuries. The liability in the case factors in whether the injured party can demonstrate that the defendant was negligent in the happening of the accident or violated applicable laws leading to the accident and whether the injured person contributed to the happening of the accident. To calculate the value of a case, it is important to consider not only the physical injuries endured by the plaintiff, including the pain and suffering brought upon the plaintiff as a result of the incident, and the ways in which the plaintiff’s life was changed as a result of the accident, but it’s also important to consider any potential defenses that the defendant may have to reduce the plaintiff’s total recovery.
Approximately 95% of all personal injury cases settle before going to trial.
Often, the physical injuries do not begin to cover the ultimate toll that the negligent defendant is responsible for. Frequently, the injuries that a plaintiff suffers cause missed time from his or her employer, and a loss or setback in the plaintiff’s ability to continue working in the same capacity as he/she was before the incident. Moreover, the plaintiff who was injured as a result of the defendant’s negligence may require a long course of medical treatment to heal from those injuries. Undoubtedly, the medical treatment must be paid for by the plaintiff’s health insurance carrier, or from another source, often resulting in a lien and reduction in the plaintiff’s total recovery in the lawsuit.
Plaintiffs often ask, “how much is my personal injury case worth?”
The shortest and best answer is that no formula exists to calculate the exact worth of the case. There are many factors that may add or detract from the value of any given case. While the plaintiff’s economic damages may be evaluated based on objective evidence in differences in earnings before the accident and thereafter, the concept of pain and suffering, and physical injury, is a subjective topic. There is no precise science to analyze the value of injuries. A jury is not given a chart of injuries with corresponding values. Personal injury attorneys have to carefully rely on precedent to evaluate the value of a case while considering that no case and no client are the same.
Injuries endured by a plaintiff in a personal injury case can get worse over time
Often, injuries endured by a plaintiff in a personal injury case get worse over time. That is why it is so important to seek medical attention immediately after an incident and to continue treatment even when you believe you might be fully healed. Further, it is important to flesh out any economic damages you may have incurred as a result of the accident, including missed time from work, loss of future earnings, and any out-of-pocket expenses you may have endured as a result of the accident.
The Grandelli Firm has decades of experience of evaluating cases and fighting to obtain our clients the maximum recovery available to them. If you or someone you know has been injured as a result of someone else’s negligence, contact us now or call (212) 668-8400 and speak with an attorney now.