How Much is My Case Worth?

While out-of-pocket damages, medical expenses, and lost wages are fairly simple to calculate, it is difficult to put a dollar amount on the "pain and suffering" experienced during the injury. So there are no hard-and- fast rules.

Injuries are valued upon their seriousness, the individual circumstances of the accident, and the impact on the person's daily life. It is also important if the person has an ongoing injury for a permanent disability. It is also important to remember that the ultimate value of the case is negotiated with the insurance company. We discuss with you in detail and at length what we feel is a fair settlement, the factors that support the claim, and the best strategy to achieve the maximum recovery.

Understanding Your Damages

Damages are provided for economic losses and non-economic losses. Economic losses tend to be those losses that have an objective value and can be easily quantified into monetary terms.

For instance, if your car was damaged after a car accident, a mechanic can provide an estimate of how much it would cost to fix it. Because the price of fixing a car can be easily and objectively determined, this and other types of property damage would be an example of economic loss.

On the other hand, non-economic losses tend to be those that have subjective value. For example, a plaintiff may seek damages for pain, but because pain cannot be measured objectively, the pain would be an example of a non-economic loss. Below is a list that may help you better distinguish the difference between economic losses and non-economic losses.

Economic losses include the following:

• past and future medical bills

• past and future lost wages

• damaged property

• past and future loss of earning capacity

• Out-of-pocket expenses, such as medications, crutches, and transportation fees for medical appointments

• Replacement costs, such as childcare, housekeeping, and yard work while you were incapacitated

  
  

Non-economic losses include the following:

• past and future emotional anguish

• pain and suffering for the injury

• loss of enjoyment of activities

California Jury Instruction 3905, Physical Pain, Mental Suffering, and Emotional Distress(Non-economic Damage)

The over used phrase of “pain and suffering” is better understood with the jury instruction which is the best summary of the law in California. It states,”..Past and future [physical pain/mental suffering/loss of enjoyment of life/disfigurement/physical impairment/inconvenience/grief/anxiety/humiliation/emotional distress; No fixed standard exists for deciding the amount of these noneconomic damages. You must use your judgment to decide a reasonable amount based on the evidence and your common sense.

In other words an injured person can recover a reasonable amount to fully compensate them for both past and future loss for:

• physical pain

• mental suffering

• loss of enjoyment of life

• disfigurement

• physical impairment

• inconvenience

• grief

• anxiety

• humiliation

• emotional distress

Other Considerations

These factors aren’t the only things that go into valuing your injury settlement. Your lawyer and the insurance company will both look at the strengths and weaknesses of your overall case. If your case is very strong and the other side’s liability for your injuries are clear, you’re more likely to get a higher settlement. On the other hand, if there are problems in your case such as a lack of witnesses or some debate about the nature and seriousness of your injuries, you’re more likely to have a lower injury settlement.

I Am Not Sure if I Should Hire a Lawyer or Just Let the Insurance Company Handle Things?

It is important to remember that insurance adjusters will contact the injured party as soon as possible after an accident. They will present themselves as a friend of the injured person or family of the loved one who was killed. However, their ultimate goal is to settle the case for the least amount possible, before the injured party or family learns of their rights by speaking to an attorney. Their practice is to always tape record these phone calls and to ask questions that might seem innocuous, but are usually one-sided to the benefit of the insurance company. Unfortunately, for some insurance companies their approach is "Delay, Deny and Defend" legitimate claims to maximize their profits. It is always a good idea to speak with an injury attorney before agreeing to be interviewed or providing any medical and private information to the insurance company.

Therefore, its’ usually a good idea to obtain the help of a personal injury lawyer because, even if you don’t ultimately have to file a lawsuit, you could ultimately recover a much higher amount than if you attempted to handle the situation alone. Below are just a few reasons why this could be the case:

• The insurance company will know you’re serious if you hire an attorney.

• The insurance company will likely avoid low-balling your attorney with settlement offers.

• The other side will understand that you won’t hesitate to file a lawsuit if necessary.

• The other side does not want to incur the costs of defending the lawsuit in most cases.

• You will have access to medical experts to fully evaluate all of your injuries and treatments.

• Those medical experts will be able to testify to your situation with a high level of expertise.

Basically, the insurance company will understand that they need to avoid playing games and doing what they can to get you to take less than you deserve in terms of your financial recovery if you work with a Northern California injury attorney.