Calculation of Damages

What is my case worth? This might be one of the questions an attorney hears most often.  Frequently, a person wants to know what their case is worth immediately, either right after an accident, or at the very beginning stages of litigation. There usually is no definitive way to answer this question.  Damages are based on many factors.  The most relevant of these is whether the Defendant is liable for the injuries, the apportionment of fault between the parties (meaning whether you were partially to blame for the happening of the accident), the nature and extent of your permanent injuries related to the accident, whether you have had prior or subsequent injuries to the same part of the body, how much time you lost from work, the nature and cost of your medical treatment, and whether you have any other out of pocket expenses.  Many times, some of these answers are unclear for years after an incident.  While an attorney might be able to give you an approximate range what your case might be worth, it is generally impossible to know the exact value of a case until your lawyer conducts an investigation and reviews your medical records.  You may have sustained a horrible injury, but if the liability is not clear, the case might not be worth very much.  There may be no question as to liability, but if you had a good recovery, your case might not be worth very much.  We advise you to speak with an attorney to discuss the case and help you understand your options.

Written by Larry Kroll, Attorney At Law, March 2019