How Much Is My Case Worth?

San Antonio Motor Vehicle Accident Law Firm

Accident victims frequently want to know how much their case is worth. Seeking a qualified San Antonio area auto accident injury attorney is the only way to accurately determine what your case may be worth. There are several factors, both objective and subjective, that are involved in determining the final outcome. Every accident and injury has its own distinctive characteristics that will influence the final total of the claim. Not every case is the same.

The primary influences involved in establishing the total of the claim are the strength of the liability case and the extent of the injuries that have impacted their life. The quality of the evidence is very important. There are a variety of slight elements involved that may make a claim more or less valuable. Only an attorney can determine the value of a case and only after a thorough investigation of the case is made.

Factors that may influence the value of a case:

• Cost of medical treatments (doctors, hospitals, therapy, prescriptions, etc.)
• Need for rehabilitation, future medical treatments, surgery
• Degree of impending disability, if it applies
• Written opinions of treating doctors
• Test results from individual medical diagnostic groups
• Amount of lost income due to injuries
• Probability of future lost income or reduction in wage earning capaSan Antonio
• Pain and suffering due to injuries
• Embarrassment, humiliation, past and future
• Age of client, previous injuries, previous claims, subrogation issues, etc.
• Defendant’s percentage of liability
• Additional potential damage, such as loss of society, etc.
• Damage to client’s vehicle
• Damage to defendant’s vehicle
• Disparity in medical treatment
• Severity of physical injuries and permanence of injuries
• Was the defendant intoxicated or did they flee the scene?

Before expecting to effectively pursue a personal injury claim, there must be another party responsible for your personal injury, and you must have damages for which you can be recompensed. You and your attorney must prove them in a court of law or persuade the insurance company’s attorney that you will be able to. Your personal injury case depends on the accessibility of detailed police reports, your attorney’s ability to produce compelling discovery documents and take depositions, and the availability of witnesses and physical evidence. The attorney must gather all necessary evidence, interview witnesses, negotiate with the insurance company and calculate damages, etc.

The individual initiating the claim and compensation has the responsibility of providing the “burden of proof”. The burden of proof is usually lower in a civil case and the principles vary from state to state. You will have to prove your case “by a preponderance of the evidence.” Three elements that influence liability are:

• Duty- the other individual had a duty or responsibility to do something or refrain from doing something. The most common duty would be to “act as a reasonably prudent person would act under the circumstances.”
• Breach of Duty- Once an existing duty is established, the attorney must prove that the duty was breached. This means that the other party didn’t act as a reasonably prudent person would under the circumstances.
• Proximate Cause- The claim is still not established even after proving the other party breached a duty. It is essential to prove that it was the individual’s “doing something wrong” that caused the accident or damage.

Who determines the value of the claim?

A judge or jury determines the sum of money that will equitably compensate the victim of accidental injury. This is determined subsequently to hearing evidence from witnesses and considering documents and exhibits explaining how the accident occurred in addition to the extent of any injuries received. Not all injury cases need to go to trial. The majority of cases involving personal injuries are settled before going to trial.

The attorney that you select will be able to predict how a judge or jury is likely to respond to the evidence in the case. An attorney can predict based on the law and precedents who a jury would find negligent and what percentage of responsibility will be placed on each party. A lawyer will also be able to predict how much a jury will award after learning about the injury victim and the effects the injury had on them.

The defendant insurance company goes through the same process of predicting the outcome. When the predictions are the same as your attorney, they may settle the case upon your consent.

Length of time in determining your case

Your medical condition plays a key role influencing when your claim is valued. Settlements are approached with caution. Once a settlement is accepted, you may not revisit the case if you feel your injury was worse than assumed.

Several months may pass succeeding an accident, before making an attempt to value a claim. The injured person may still be recovering. The case should not be settled until a doctor is able to estimate what the future will likely be for the injured person. There may be future medical costs, additional surgery or a permanent disability resulting from the injury.

The sooner you contact an attorney, the better your chances are of receiving equitable compensation for your injuries. We accept motor vehicle accident cases on a contingency fee basis. That means that we cover the cost of the case and we never charge you a fee unless we obtain a positive settlement or verdict in your favor.