FAQ: Suing After Injury

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Q: How do I estimate how much my case is worth?

  • There are many factors to consider in evaluating a personal injury claim, so beware of any "formula" an adjuster may try to sell you. The value of your claim will depend on many factors such as:

    • The nature of your injuries
    • How your doctors expect you to fare in the future  
    • Your medical bills now and anticipated in the future  
    • The pain you experienced
    • How your injuries have affected your ability to work and carry on with your lifestyle
    • How old you are, whether you had preexisting injuries that already impaired your ability to work or go about your everyday life
    • What a jury in your area would be inclined to give you

    Your doctors' and lawyers' interest in preserving their reputations may also influence the value of your claim. Pricing all these factors is complex, and one reason why you should consult with an attorney earlier rather than later in the negotiation process.


Q: Can I get a partial settlement from the insurance company?

  • No. The insurance company will only settle if they can get rid of the entire claim. Desperate victims sometime settle for much less than they are should, simply because they don't have the money to pay for medical care out of their own pockets. The insurance company isn't there to see you're fairly paid. This is why you need a strong advocate such as a personal injury lawyer.


Q: When should I settle my case?

  • A: Until you're sure of the nature and extent of your injuries and whether you'll need continuing medical attention, you shouldn't talk about settling. Be sure to know whether you'll be able to work in the future and how the injury will affect your ability to do normal household tasks, sports and hobbies before you talk money with anyone.


Q: How does a prior injury affect the value of my claim?

  • A: If you were already injured, the new occurence couldn't have caused it. But if you can prove that the negligence made the current injury worse, you can collect for the degree to which the problem has been aggravated.


Q: Why am I responsible for paying the costs of getting my case to trial?

  • Most cases require the client to pay for costs, regardless of the outcome of the case. In some states, it's even considered unethical for attorneys to lend money to clients to help pay for litigation costs. There's the chance it may influence the attorney's ability to assess the case objectively and offer advice that's best for the client.

    For instance, if the lawyer needs that money back quickly, he or she may urge a client to settle a case rather than taking it to trial, which will take more time but ultimately may bring a better result for the client. Also, remember that these costs are not to compensate the attorney, who gets paid for his or her time only if you recover money.