Jeffrey M. Goldberg Law Offices
call for a free consultation 888-396-3914

The Help You Need

Lawyers Serving Illinois, Wisconsin And The Entire United States For Nearly 40 Years.

UNDERSTANDING HOW PERSONAL INJURY CASES ARE VALUED

Assigning a realistic value to a client's personal injury claim is an essential step in formulating a litigation strategy. Not only is it essential to effective settlement negotiation, it is also a necessary consideration when deciding what resources to commit to a trial should settlement prove impossible. Case valuation, however, can be intensely subjective and requires the consideration of numerous factors. 

Assigning a realistic value to a client's personal injury claim is an essential step in formulating a litigation strategy. Not only is it essential to effective settlement negotiation, it is also a necessary consideration when deciding what resources to commit to a trial should settlement prove impossible. Case valuation, however, can be intensely subjective and requires the consideration of numerous factors.

There is no strict formula for determining the value of a case. Even the state laws that establish what types of damages are available provide little guidance. However, experienced attorneys know there are several factors they should consider:

  • Countable economic damages - Economic damages, such as for medical expenses or lost wages, are more easily calculable than other types of damages. Although the law usually does not pin non-economic damages to economic damages, higher calculable economic damages often translate into higher non-economic damages.
  • The severity of the injury - Beyond the obvious relevance that the severity of an injury has, highly visible injuries may generate more sympathy with juries than equally severe injuries with less obvious outward effects.
  • The egregiousness of the negligence - The egregiousness of a defendant's negligence is not strictly relevant, except in fairly rare cases involving punitive damages. However, it is something juries tend to consider even if, legally speaking, they are not supposed to do so.
  • Trial issues - Unreliable witnesses or missing evidence can increase the risk of an unfavorable decision at trial. Likewise, sterling witnesses and strong evidence make a plaintiff's victory more likely and usually encourage settlement.
  • The identities of the parties - Another factor that is legally irrelevant but still on nearly every juror's mind, the identities of the parties can play a huge role. A likable and sympathetic plaintiff can often expect more favorable treatment from a jury. Likewise, a sympathetic defendant like a small business owner can expect more deference than a faceless corporation.

Case valuation is a valuable skill that Illinois and Wisconsin attorneys hone over decades of practice. A lawyer can give you a better idea of what your case is worth and help you take the necessary steps to maximize your recovery.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Scales Of Justice: A
Constant Reminder

Attorney Jeffrey Goldberg commissioned this sculpture of the scales of justice to serve as a visual reminder of the firm's reason for being: to make sure that people who have been injured by the negligence of others are fairly represented and that they receive just compensation for their losses.

Contact Us ∙ Free Consultations Fill out the form below and we will contact you for a free confidential consultation.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Back To Top