What Is My Personal Injury Case Worth

Not all personal injuries warrant filing a lawsuit or claim, but if the accident would not have happened except for the negligence of another person, filing a claim could be the best way to recover compensation for your injuries.

To decide if you want to file a claim, it is natural to wonder how much you may be able to recover. It is difficult to make any generalizations about the value of cases because each is very different. It is a good idea to talk to a personal injury attorney early on; he is experienced with many types of accident cases and may be able to give you some guidance about what similar cases as your have resulted in compensation in the past. Call us today to evaluate your case worth: 503-699-6496. 

Before You Begin, Please Read This Story

“The Lawyer Promised Me $75,000 from My Car Accident Case.”

Many years back, we met with a man who was in a car accident. He was hit by a driver that failed to yeald to the upcoming traffic. We knew that the accident was not man’s fault and the other drover’s insurance company accepted liability for the wreck.  The During our initial consultation, the potential client was eager to know one thing: “How much is my case worth?” He pressed us repeatedly for a definitive number: “How much am I going to put in my pocket if I go with you?”

When we asked more questions, it turned out that another attorney had already met with him—one of those well-known Billboard/TV lawyers—and told him, in no uncertain terms, that his case was worth “no less than $75,000.” That bold claim was understandably stuck in his mind.

We, however, told him the truth: we couldn’t give him an exact figure. The gentleman decided to walk out.

Frankly, we said, “Good riddance.”

Why We Do Not Promise an Exact Payout from the Start

While we understand the desire for certainty, making promises about how much an injury case is “worth” at the outset is irresponsible. Here’s why:

1. Treatment Is Key to Case Value

At the time of our meeting, the client hadn’t even finished his medical treatment. His doctors were still unsure whether he’d need additional treatment or a possible surgery.

Until treatment concludes, it’s impossible to know:

• The full extent of injuries.
• Whether there will be permanent disability or ongoing pain.
• What kind of ongoing care, if any, will be necessary.

All of these factors significantly influence the value of a case.

2. Medical Reports Matter

Before assigning a value to a case, we need to review detailed reports from treating doctors, surgeons, and rehabilitation specialists. Their assessments provide insight into:

• The severity of injuries.
• Long-term prognosis.
• Potential physical limitations or complications the client may face.

3. Insurance Coverage Plays a Role

The total insurance coverage available can set limits on what a client may ultimately recover. Many clients don’t realize this, but there could be:

• Policy limits on the at-fault driver’s insurance.
• Coverage from the client’s own uninsured or underinsured motorist policy.
• Medical payment coverage (or “MedPay”) available in some cases.

The TV lawyer who promised $80,000 didn’t even inquire about the other driver’s policy limits—a critical factor in any case evaluation.

4. Outstanding Medical Bills and Liens

Once a settlement is reached, a portion of the money often goes toward paying:

• Remaining medical bills.
• Health insurance companies that may be entitled to reimbursement for covering accident-related treatments.

The net amount the client “puts in their pocket” depends heavily on these factors. Without understanding these numbers, promising $75,000 is pure speculation.

5. The Police Report Isn’t Always the Final Word

While police reports are important, they aren’t infallible. Sometimes witnesses contradict the report, or details emerge later that shift the case dynamics. A thorough evaluation of the accident facts is always essential.

The Danger of Unrealistic Expectations

When lawyers make bold promises about case values early on, they create unrealistic expectations. Unfortunately, this can lead to disappointment and frustration down the road if the settlement falls short of the number that was thrown out prematurely.

The truth is, injury cases are about justice and fair compensation, not guarantees.

If a client is solely focused on maximizing the payout—ignoring the nuances and uncertainties of the legal process—it’s unlikely we’ll be able to meet their expectations. And frankly, that’s not the kind of client we want to represent.

How Do We Approach Valuing a Case?

How do we approch valuing a case?

At our firm, we focus on facts, not flashy promises. Here’s what we do instead of throwing out arbitrary numbers:

1. Get the Full Picture: We gather all medical records, consult with treating physicians, and ensure the client has reached maximum medical improvement (MMI).
2. Evaluate Long-Term Impact: We assess how the injury affects the client’s ability to work, their daily life, and their future medical needs.
3. Analyze Insurance Coverage: We identify every potential source of recovery, including third-party liability, uninsured motorist coverage, and MedPay.
4. Build a Strong Case: We carefully analyze accident reports, witness statements, and any other evidence to create the strongest case possible.
5. Educate Our Clients: We explain the process every step of the way, so our clients understand what factors affect their case and why we can’t make promises about the outcome.

Our Promise to You

We’ll never promise you a specific dollar amount just to win your business. Instead, we’ll promise you this:

• A thorough evaluation of your case.
• Transparent communication about the process and your options.
• Our commitment to fighting for the best possible outcome.

If that’s the kind of representation you’re looking for, we’d be happy to help. But if you’re only looking for a lawyer who will “promise” you the moon? We’re not the firm for you—and that’s okay.

Why Bold Promises Are a Red Flag

A lawyer promising you a specific amount right off the bat isn’t doing you any favors. They’re setting unrealistic expectations, and you might be left disappointed when the actual numbers come in. A good lawyer focuses on facts, not flashy figures.

Step 1: Calculating “Specials” Damages

The first step is to calculate economic losses, which are known as special damages or “specials.” For these types of damages, money is the only substitute for what was lost. 

• Lost wages
• Lost earning capacity
• Medical expenses
• Funeral and burial expenses
• Property damage

Determining special damages for past economic losses is easy. Just keep complete records of all doctor and medical visits, and records of all medications you take for your injuries.

Determining future economic losses is more complicated, as they involve future medical expenses and lost earning capacity. Usually, you and your lawyer will work with a medical treatment expert to testify regarding your future medical costs. Your attorney will also will use an economics expert to do an economic damage analysis to assign a dollar amount to how much income and earning ability you stand to lose from your accident injuries.

Regarding your lost earning capacity, damages suffered are usually are measured by the difference in actual earnings and projected earnings, if the defendant had not caused the accident.

The first step in calculating these damages is to project how much money you would make based on your life expectancy and when you will retire. The economics expert will use several factors to determine this, such as your tax returns, W-2s, the state of the economy in the country, and the nature of the industry in which you work. He or she will also review the salaries of other people in the same field with the same education.

Step 2: Calculating General Damages

Next, you need to calculate general damages, which also are called non-economic losses for which money is only a partial substitute. These include:

• Pain and suffering
• Humiliation and embarrassment
• Shock and mental anguish
• Loss of your reputation
• Loss of consortium or companionship
• Emotional distress

Note that general damages are usually equal to 1.5 and up to 5 times special damages. This will depend upon the severity of your injuries.

Step 3: Adjusting the Value of the Claim

Now you need to adjust the amount calculated above to reflect these factors:

• Liability: A case where the liability is very clear will result in a higher settlement, compared to a case where the liability is in question. If you bear partial blame for the accident, your settlement will decrease based on your percentage of blame for what happened.
• Multiple defendants: Where there is more than one defendant, there could be complications in determining how much each one should have to pay.
• Plaintiff characteristics: Your age, job, likeability, and earlier medical history can affect the amount of settlement.
• Where case is to be heard: Some courts are more conservative than others. Jurors in urban areas are often are more generous in awarding personal injury damages. The adjuster on the case will keep this in mind as the settlement is negotiated.
• Reduced or mitigated damages: Damages can be reduced if you do not seek treatment after the accident, and now your medical expenses are greater because your injuries are harder to treat. The value of the claim can be reduced due to a failure to mitigate. That is why it is always a good idea to be seen by a medical professional after an accident.

Step 4: Making Settlement Offer

Now you are ready to send in your settlement demand letter to the defendant and/or his insurance company. There may need to be a great deal of negotiation between you and the insurance company until you reach an agreement. Many plaintiffs who represent themselves in this situation often do not get as much compensation as they would have by using a personal injury attorney. Insurance companies are very skilled at getting the layman to accept a very low settlement offer. In the majority of accidents, except for very minor ones with minor injuries, you are usually better off being represented by an attorney.

At the end of the day, if you and the insurance company do not come to an agreement, you will have to go to trial, where the judge or jury will determine the amount of damages you should receive, if any.