Robert I. Feinberg Personal Injury Law Blog on Lawyers.com

“What is my case worth?”  Understandably, this is perhaps the most commonly asked question from clients.  Speaking at a seminar several years ago, one venerated plaintiff’s lawyer, a practitioner for well over 50 years, remarked that he always answers, “The most I can get for you.”  [Emphasis added.]  That remark is memorable if only because it underscores how imprecise it is to price a case.  (Others may question why he used “I” because it may overstate the role of the plaintiff’s lawyer which is, admittedly, important but not solely determinative.)  A myriad of factors go into the calculation of a case’s value.  We all know the two broad categories: liability and damages.  It’s all the rest that makes the liability and/or damages better or worse: the plaintiff’s profile and ability to evoke sympathy, the existence of witnesses, the credibility of the parties/ witnesses, a good earnings history, good reports from respected treating physicians, residual impairment, amount of insurance coverage, etc.

These factors help the practitioner in making an informed assessment of a case’s value.  I suppose a lawyer has a “gut” reaction to the value of a case.  That is understandable but the “gut” reaction is only an initial hypothesis which should be subject to the many criteria outlined in the above.