The value of a personal injury case that goes to trial is determined by the jury. They are given evidence to evaluate and a list of items they may take into consideration before making their decision.
When settling a case prior to trial, various factors play a role in establishing the worth of a case. A good personal injury attorney makes their evaluation based upon all the doctor’s reports, present and future medical bills, and a comprehensive discussion with your doctor. Information covered should include the invasiveness of, pain associated with, and the duration of treatment; future pain and discomfort; and loss of enjoyment of life. Employment considerations include lost wages and future lost wages.
Insurance companies influence the landscape as well. They keep track of cases nationwide and can crunch the numbers. They know which doctors are “over-treaters”, whose bills can more easily be challenged at trial, and which doctors would make a poor or an excellent witness.
Insurance companies keep tabs on attorneys who are willing to go to trial and those who settle in every circumstance. They also know which attorneys have expertise in a specific area of law and those who are general practitioners. Insurance companies lick their chops when an attorney sends most of his/her clients to the same doctor, which they may then exploit at trial by insinuating that the doctor is shading his/her testimony to favor the attorney.
There is no magic formula in determining the value of a personal injury case, but hiring the right personal injury attorney can go a long way toward winning your case or achieving a fair settlement.