1
Factors To Consider
At the end of the day, the value of a case will always depend entirely on the facts of the case, including both liability (who is at fault) and damages (what are your injuries). A case is worth exactly how much a jury says it is worth, if the case goes to trial. Those cases which do not go to trial, but instead settle at mediation or before trial, are resolved when the parties come to an agreement about what they think a jury will or will not award at the end of trial, and the parties realize that there are risks and consequences to going to trial which may make the settlement of a case a more likely scenario. The only way to evaluate a case to determine what it may be worth is to fully investigate the factors of the liability of the case (who is the cause of the accident or injury), determine the nature of the injuries (damages), develop the damages, research the law and then evaluate all of the factors and background and the attorneys' experience handling those types of cases.
2
Mediation Settlement vs. Trial Verdict
There are no “guaranteed winners.” Accepting a settlement without going to court eliminates the risk of having six peaople who you do not know decide the value of your case. You should understand that many times the value of the case may be reduced if the case is settled rather than going to trial. REMEMBER, the decision is always yours on whether to go to trial, but as with all decisions there can be consequences if you choose to go to trial and do not get a verdict in your favor. In many cases, the matters can be resolved prior to trial. However, in many cases, trials are necessary to protect you and preserve your right to recover monetary damages for your injuries. Still, in other cases, it may become apparent to an expereinced personal injury attorney that the insurance company is “low-balling” you with an offer which will not fully and adequately compensate you for your injuries and damages. In those cases, trials are necessary to receive the fair compensation you deserve.
3
Yes, But What Is My Case Worth?
No one lawyer or adjuster can tell exactly what your case will be worth. The best any honest lawyer can do is to tell you the range of values that your case has and give you the opportunity to make an decision on the value. Many times clients think their case is more than it really is. Many time clients have no clear understanding of the damages they have suffered or may suffer in the future such as the cost of future medical bills for an extensive injury. Looking for a quick settlement can be more devastating for a client than taking the time to fully evaluate the injuries and what problems they may cause in the future. When it is finally over, the case is worth exactly how much a client is willing to settle the case for, or how much a jury awards. If any lawyer tells exactly how much your case is worth, you should politely excuse yourself from the lawyer's office and look for a new lawyer.
