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CAR ACCIDENT INJURY

How much is my claim worth?

The client is entitled to know what the lawyer thinks their case is worth, but the lawyer should be careful to not make assessments until they have all the information. Normally, at the beginning of a case, it is difficult for the attorney to know with any certainty what the actual value of the case will be. The main factors determining the fair value include the total amount of the medical bills, the extent and permanence of the injuries, the amount of lost wages and other things which cannot be determined until later in the case. Beware of lawyers who promise you the stars and the moon to get you to sign up. It really is difficult to know exactly how strong or weak the case will be until after it is fully developed.

There are so many different factors that go into the valuation of a given case that it is often hard to compare the value of one case to another. Factors that are quite specific to the individual case include the likeability and credibility of the Plaintiff (the injured person). This factor can make a huge amount of difference in how the insurer, the doctors, and the jurors respond to the claim. Rest assured that the lawyer should give you a frank estimate of the value of the case at the soonest appropriate time, and certainly prior to beginning any negotiation with the insurance company.

Just because the attorney has an idea of the value of your case does not mean that you have to accept their suggested number. Sometimes the client will perceive something that the lawyer did not and wants to go to trial, even though the attorney recommends the settlement on the table. That is the client’s right. The lawyer’s role is first to give good advice about settlement, but also to be ready to try the case as necessary. Usually, I find that if the lawyer has done their homework, they should be able to convince most clients about the correctness of their estimate of the value of the cases as most clients, having picked an attorney they trust, will defer to the lawyer’s experience and case evaluation. The main need is for the attorney and client to openly discuss the issues, including the client’s own goals and needs. The settlement decision must always be made by the client, not the attorney.

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