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

Case Evaluation

Friday, October 30, 2009 by Robert I. Feinberg

Photo of Robert I. Feinberg

“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. 

 
Posted at 14:16 PM
Topic: Personal Injury
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