What’s my case worth? Unfortunately, there is no simple answer because so many things go into formulating the value of every case. Every case is different, and the value of each case depends on many factors, including the proportion of liability, the extent of injuries, the amount of medical care needed, whether there are other special damages, and the extent of general damages. For that reason, an experienced personal injury attorney will conduct a thorough investigation before assigning value to any case.
The investigation would begin with the details of the accident. Who was at fault? Were there witnesses? How did the accident happen? Sometimes, it’s not easy to assign blame. Perhaps an accident was caused by a driver who failed to yield, but the victim was speeding. Details like these can impact the value of the case.
The next thing to consider is the extent of injuries and the amount of medical care necessary to treat them. Did the accident cause minor injuries like sprains or bruises? Or did the injury cause broken bones or other serious harm that might require surgery or other more extended medical care? Another thing to consider is whether the victim suffered additional harm, such as lost earnings or wages. All these things are special damages which are fairly easy to calculate.
Another factor is determining the extent of general damages. Unlike special damages, which can be easily identified by reference to medical bills or lost wages, general damages are those that a person suffers from things like emotional distress, pain and suffering, or loss of enjoyment of life. Because these are difficult categories to value, it is important to consult with an attorney experienced in dealing with these kinds of cases. For example, what is the appropriate amount to award for the emotional suffering felt by somebody with a permanent and disfiguring scar? Reasonable minds can differ, but an experienced attorney can help calculate the amount of general damages a jury might award.
Finally, it is important to consider the amount of insurance coverage that may be available to the injury victim. Unfortunately, it is not uncommon to have a situation where there is little to no insurance that covers a serious injury. In any case, it is important to consult with an experienced attorney who knows how to find any coverage that might be available to compensate the victims of personal injuries.
If you have suffered a personal injury in California, you may be entitled to compensation, including special and general damages. Consult with an experienced personal injury attorney now. The deadline for filing a lawsuit for a personal injury is generally two years from the date of the accident or other event that cause the injury.
Contact Mascaro Law Firm today at (949) 769-3608 or complete the contact form on our website.