How do I know what my case is worth?

Steve Lombardi
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Posted by Steve LombardiOctober 24, 2009 10:06 AM

To know how much your case is worth you first need to understand the elements of the type of legal case. Let’s say you were in a car accident and wrecked your car. The elements would include car damage to repair to replace the car. If you rented a car you’d get compensated for rental expense. If towed and stored you’d be compensated for that as well. In Iowa if the cost to repair is less than the fair market value just previous to the collision then you get it repaired. If cost to repair exceeds the FMV, then you get the FMV + license and registration fees.

What about bodily injury or personal injury?

You add in up all related medical expenses, prescription costs, physical therapy, chiropractic, surgery, hospitalization, X-Rays, MRI’s and all other medical expenses.

You ask the doctors about future medical expenses and you get that as well.

Did the injury hurt? If it hurt you get compensated for pain and suffering as well.

Will it hurt in the future? If so you get to add an amount for future pain and suffering.

What about wage loss? Well, whatever you lost in wages or whatever your paid time off or vacation pay you use up you get compensated for.

Will the injury force you to miss word days in the future? If the answer is yes, then you’ll get paid reasonable compensation for future earnings reduction.

These are all elements of a personal injury claim and when you add them all up that’s what your case is worth. You prove those losses by documenting everything you can. You get the supervisor at work to sign off on a form showing the days you missed, how much you would have earned on those days and then the total.

The lawyers obtain copies of medical records and bills and then get reports from doctors to prove up future losses and medical care that is needed. This all sounds simple but it’s not. If it were everyone would be doing it and doing it well; but they aren’t and they don’t.

This is a continuation of our series on commonly asked questions that clients ask when involved in a personal injury claim. I’ve asked several of our more prolific writers to blog about it so you can refer to this series to see how six different lawyers answer similar questions. Join Devon Glass, Wayne Parsons, Mike Bryant, Pierce Egerton, Rick Shapiro and myself Steve Lombardi for a continued discussion of these client questions common to most lawsuits. We have about two more topics to cover before we close out this series. I’m not sure where we will go from here. If we don’t hear from you we may take several weeks off; on the other hand if we do hear from you we may answer your questions. The titles so far are:

What would a caveman bring to meet with the lawyer?, Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics, Steve Lombardi , September 15, 2009 8:48 AM

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

What To Do After An Accident When The Adjuster Is There First, Mike Bryant, September 19, 2009 6:26 PM

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons , 20 September 2009 12:01

What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM

What To Do After An Accident When The Adjuster Has A Tape Recorder, Mike Bryant , September 23, 2009 10:01 PM

Do I have a good or a bad case?, Devon Glass, September 24, 2009

What are interrogatories and how do I answer them?, Steve Lombardi, September 29, 2009

Interrogatories: A Written Deposition , Devon Glass, September 30, 2009

How Do You Value Your Case? Mike Bryant October 03, 2009 9:29 AM

Demystifying Injury Litigation for Clients: What Are Interrogatories?, Rick Shapiro ,October 3, 2009

Do only dishonest people refuse to give a recorded statement? Steve Lombardi | October 06, 2009 10:47 AM

How Does An Injured Person Describe Their Injury To Doctors, Lawyers and Their Family?(2); Wayne Parsons | October 22, 2009 3:45 AM

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST

Disclaimer: (If needed) These questions are not intended to replace a consultation with an attorney, nor do they take into consideration facts that may differ about your particular case. Here at the Injuryboard, we have experienced attorneys who can deal with your individual questions and best help you with your case. Feel free to get the help you need by contacting one of us.

2 Comments

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Mike BryantInjuryBoard Attorney Member
Posted by Mike Bryant
October 24, 2009 3:55 PM

You are so correct in the basic idea that the answer really involves a lot of questions. The difference in hiring an experienced lawyer, is that they will ask the questions and know what to do with the answers. Great advice.

Steve LombardiInjuryBoard Attorney Member
Posted by Steve Lombardi
October 25, 2009 9:56 AM

Mike, I got a call last week asking basically what their case is worth. Everyone wants a simple formula and there isn't one. Many people believe saving the lawyer fees will net them more. Or avoiding the litigation process will be a better investment. In my 30 years of experience that couldn't be farther from the truth. Even paying a legal fee 99% of those injured will net more; it may take longer but doing it right can save a person from having to pay for a surgery that should have been covered in the claim. Live and learn I guess.

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