An attorney’s valuation of your case is quite important. After all, the valuation affects whether the attorney will take your case in the first place. On top of that, the valuation affects the settlement demand your attorney will make.
Many factors may go into the valuation of a case. In this post, we’ll look at ten factors that I often use when valuing a case. Now, mind you, we do not take a cookie-cutter approach for each case, unlike some law firms. There are many factors that I may not mention that I would use in evaluation of a particular case. Why?
Well, if you are riding in your Cherokee, get rammed into by a train, and you have suffer an anoxic brain injury, a concussion, post-concussion syndrome, posttraumatic stress disorder, and severe depression, you don’t want a cookie cutter approach. You deserve a tailored approach, which shows the wrongdoer that your attorney
- cares about your case,
- knows how you have suffered, and
- is prepared to show that to a jury, if the other side does not present a reasonable settlement offer.
In valuing a case, here is a non-exhaustive list of ten factors I consider:
- Is there a statutory limit on the amount of damages that can be recovered because of the nature of the claim or the defendant (i.e., a medical malpractice claim or a governmental defendant)?
- Do you have any pre-existing injuries that would make it difficult to separate out the old injuries from the new injury?
- What actually are your economic needs as a result of the injury?
- Will a jury like the defendant?
- Will the judge like the defendant?
- How strong are your witnesses, both lay and expert?
- Can a jury see your injury? For example, an amputated leg or burns can easily be seen. Meanwhile, an injured back or neck can be more difficult for a jury to understand.
- Have you done everything you can to recover from the injury, i.e., to mitigate damages?
- How much money will this case cost to try?
- What are the chances of a defense verdict?
At my firm, Fintus Injury Firm, we want nothing more than to ensure you are justly compensated for your injury or loss. If you or a family member has suffered an injury that wasn’t your fault, contact us now.