If you had pre-existing injuries that were aggravated by the defendant’s negligence, that is a factor as well. Your personal injury attorney must prove that the defendant’s negligence caused your injuries. The degree to which your attorney can prove the extent of your injuries is another factor. Secondly, the attorney has to prove the extent of your injuries, usually with doctors opinions and before/after witnesses, and possibly expert witnesses. If the defendant has evidence that you were also at fault, that’s another factor to consider. The ease in which that can be proven is a big factor in determining the value of the case. Your personal injury attorney has to prove first that the defendant was negligent. Every case is different, but the main factors that go into a case evaluation are liability, damages, and causation. Personal injury attorneys know the factors that go into a case value, but it’s important for the client to know as well, so the client can participate in process of building the evidence in the case. What factors go into the valuation of my case? It needs to be specifically tailored to that client’s circumstances. Boiler plate language in the doctor’s final report is not good enough. Every demand letter, and every mediation should include a doctor’s opinion regarding the client’s future medical needs and the estimated cost of those needs over the client’s lifetime. The jury awarded my client not only the $50,000 she had in past medical bills, but $96,000 in future medical bills, bringing the verdict to almost $150,000. The insurance company rejected my demand, and we went to a jury trial. I had a case one time where the defense offered $40,000 to settle the case, but my client was getting pain management injections and needed them for the rest of her life, so I demanded the full $100,000 policy limits. This is an issue that is commonly ignored or glossed over by personal injury attorneys, but in my experience it can be one of the most important aspects of the case. How are you going to prove the value of my future medical treatment? Some personal injury attorneys won’t do that, but I think that’s a mistake, because the defendant is often the one who has all the evidence and will not give it to you unless a court requires it. I’ve had cases where I had no evidence to support my client’s liability argument until I filed the lawsuit and got the video tape or other evidence that was only available from the defendant. Sometimes the only way you can get the evidence you need is by filing a lawsuit and getting it during discovery. Often, we hire accident reconstructionists, slip and fall experts, or other professionals to give expert opinions to nail down liability. I always like to present pictures of the vehicles involved, pictures of the accident scene, the police report, and witness statements when available. That’ why it’s important to lock down the evidence for liability as soon as possible. When the defense denies liability but you can prove they are wrong, the case value increases. Some personal injury lawyers don’t like cases where there is questionable liability. How are you going to prove that the defendant is at fault? How are we going to decide whether to settle my case or go to court?.Are there any other diagnostic studies or treatment modalities I should explore?.What facts of my case are you worried about? And how can we overcome those worries?.What factors go into the valuation of my case?.Have you done jury verdict research on my case?.How are you going to prove the extent of my pain and suffering?.How are you going to prove the value of my future medical treatment?.How are you going to prove that the defendant is at fault?.What is your strategy for getting the case resolved as quickly as possible?.What is your strategy for getting the full value of the case?.Here are the top ten questions you can ask your attorney to help make sure you get the full value of your case: Questions from our clients actually help us develop strategies and stay focused on getting your case resolved in the most efficient manner possible. Please don’t feel like you are bothering your attorney if you call with questions. Remember, your attorney probably has a lot of cases. By maintaining communication with your attorney, you will also increase the chances that your case gets resolved as quickly as possible. Often, by asking your attorney the right questions, you can spark a conversation that will help maximize the value of your case. Personal injury clients, the relationship you build with your attorney makes a huge difference in the ultimate outcome of your case.
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