Determining the Value of a Personal Injury Case

There are literally millions of auto accidents that occur in the United States each year. Of those accidents, thousands are handled by Los Angeles personal injury lawyers. There is no formula to determine the value of these cases, but a common question that arises whenever someone brings their claim to an attorney is "how do you determine the value of my case?"

Every case is different, of course, but there are some common guidelines that personal injury lawyers employ to help them determine a reasonable value for their clients' cases. These criteria largely emanate from how insurance companies that ultimately have to pay out in these cases evaluate the thousands of claims that cross their agents' desks each month.

The liability of the parties involved is considered if there is a question of who was at fault or if the injured party contributed to the cause of the accident. Because the majority of auto-related injuries are soft tissue in nature, the extent of the property damage to the involved vehicles may determine how seriously the insurer of the at-fault party will value the claimant's injuries and associated damages like wage loss, medical expenses and the impact on their lives.

If liability is not an issue and property damage is at least moderately severe resulting in thousands of dollars in repair bills or a total loss, then the nature and extent of the claimed injuries are taken into account. Obviously, broken bones, scarring, loss of a limb, or an objectively verifiable disc injury as well as a surgical procedure necessitated by the accident-causing injury will result in a higher value.

The liability policy limits of the negligent party will also play a role in determining the value of a claim. If there is a low limit like the minimum of $15,000, then most injuries that are accepted as valid by an insurer that result in reasonable care and expenses of at least half that amount will likely settle with the insurer agreeing to pay the limits.

In most cases where a soft tissue or whiplash type injury is claimed, the majority of insurers will use more scrutiny in valuing a claim paying close attention to such factors as property damage, pre-existing injuries to the same area of the body injured in the accident, whether chiropractic treatment was the treatment of choice, any lost work time, and the socio-economic background of the claimant.

In some cases, the insurer may also consider the law firm or attorney handling the claim and if they have a record of settling all or nearly all of their cases prior to trial.