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How Much is My Claim Worth?
Often, someone who has been injured is curious about how much they may receive in a settlement. That's understandable. But early in a case, and especially during an initial consultation, an attorney usually can't provide a reasonable estimate. Attorneys should not be selected based on whether they will give such an estimate, or how high that estimate is. Many of the best attorneys won't make such estimates, because it's not fair to either the client or the attorney, to create expectations that might not come about.
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All of the factual details surrounding how, when, where and why the injury occurred in order to determine if there is any liability for the injury at all and, if so, to assess what defenses may be available and to estimate the degree of fault which may be assessed against the injured person, as well as the prospective defendant(s);
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Whether it is a tort claim, a worker's compensation claim, or both;
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The details of the injured person's medical history, both before and after the injury;
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All medical expenses, including hospital, physician, drugs, therapy bills and other expenses incurred or expended to date for diagnosis and treatment, and all such expenses which may be incurred in the future;
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All past and predicted future loss of income arising from the injury;
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All other past and projected monetary losses and expenditures arising from the injury;
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How the injury has affected the injured person's ability to perform the various activities he or she performed before the injury, including work, sports, social, household and recreational;
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Whether the prospective defendant has insurance and, if so, how much; or if there is no insurance, information concerning the ability of the prospective defendant to pay;
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The injured person's work history, marital status, educational history, and appearance, credibility and demeanor as a witness;
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The capacity and willingness of the injured person to train for and perform other work, the cost of any such retraining and the income which might be earned after retraining;
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The prospective defendant's appearance, credibility and demeanor as a witness;
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The availability and credibility of both expert and non-expert witnesses on all liability and damage issues;
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The law which would be applied to the case in the state(s) where it would or could be filed;
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Whether the case could be filed in or removed to a federal court and, if so, which one(s);
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A history of jury verdicts which have been rendered in similar cases in the court(s) where the case would be filed and a "feel" for how a jury in that jurisdiction would be likely to react to the case;
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The anticipated expense of prosecuting the case through trial and possible appeal.
