HOW MUCH IS MY CASE WORTH?
This is both a common, and fair, question. The answer is: It depends. There are a number of factors that help determine case value- whether rightly or wrongly. Here are four factors that play an integral role in helping to determine case value.
1. Prior medical history. This is pretty self-explanatory. If you have a history of low back or neck pain and treatment and then get in a crash the person that hit you is only responsible for getting you back to how you were before you were in the crash. Does this mean there can’t be a new injury to your already injured back or neck? Of course not. But the reality is if you have a history of pain and treatment to a body part you claim is injured in a crash that is probably going to bring down the value of your claim.
2. Amount of property damage: For as valid as prior medical history is in assessing case value, amount of property damage is an equally invalid measure. But a lot of times it matters. Insurance adjusters and jurors can have a hard time believing that if there is little property damage the person that was hit just can’t be that hurt. This is a completely intellectually dishonest argument, but it can be effective. That said, we certainly have come up with logical, rational arguments as to why property damage is an unfair measure of whether someone is injured or not.
3. Type of injury, the treatment you receive, and the limitations you experience due to your injuries: Let me be clear on this; Nobody, and I mean nobody, wants the $1,000,000 (or more) case. When defense lawyers argue “this is jackpot justice, something for nothing” I want to ask them if they would go through what my client has gone through just to get some money. What rational person would have a needle stuck in their spine for money? What rational person would have a disc remove from their spine and have their bones fused together just for money? The answer is none- or at least nobody I would ever represent. The long and short of it is if you have that $1,000,000 or $5,000,000 or $10,000,000 case, you are seriously injured and generally have lifelong pain, limitations, and disability. You have severe forever injuries that prevent you from not just enjoying life, but from taking part in those treasures that make life worth living.
4. Your past matters: In Nevada, felony convictions within 10 years of trial, or a release from probation, parole or confinement are admissible into evidence. I have heard clients in the past argue with me “what does my conviction for robbery six years ago have to do with anything. I did my time. I paid my debt. Why should this matter?” I don’t tend to disagree. But the law does disagree. The law believes that these convictions go to something called “veracity” or truthfulness.
Do you need a “perfect” case in order to bring a claim? Of course not. Do people who have been injured in the past, or maybe have some things in their past the are not proud of, not deserve justice? Of course not. Everyone deserves fair justice for the harms they suffer. So don’t be dissuaded if your case isn’t “perfect.” It is important to have reasonable expectations on what factors will drive the value of case and what your case is worth.