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I am often asked by my Orange County personal injury clients "what is my case worth?"  While I believe that any good personal injury attorney will shy away from giving estimates of the value of an auto accident or personal injury case, it is appropriate to share with clients the factors that go into valuing a case, both by the insurance company that may pay a settlement, and by the personal injury attorney that has to know when to recommend a settlement.

Car Accident Cases, Liability Admitted

In cases where the fault of the other driver is not an issue, the biggest factors in determining the value of a car accident case are (in no particular order of importance): 1) physical damage to the cars involved in the accident (the more visible damage the more value on the claim);  2) the amount of medical bills related to injuries caused by the car accident (the higher the bills, particularly bills for hospitals, surgeries, and medical doctors the more value); 3) the severity of the injuries (verifiable injuries, such as broken bones and scars add more value than soft tissue injuries that are based on a person's subjective complaints of pain); 4) the start date of medical treatment (a delay in having your injuries examined can really hurt the value of a claim. Immediate treatment/examination shows that injuries and pain are serious); 5) credibility and presence of the injured person (if you are credible, have a nice appearance, and are able to clearly and believably describe your pain and injuries, this increases the value of your claim; 6) Location of where the case would go to trial (in more conservative areas, such as Orange County, insurance companies believe that the value of a car accident case is decreased because jurors are not likely to provide large verdicts -- I personally disagree (more on that in my next blog))

Car Accident Cases, Liability Disputed

Where the cause of a car accident is disputed, another factor (in addition to those described above) is the quality of the attorney handling the case.  It is important that the insurance company, and their attorneys, know that an attorney is a highly qualified trial attorney, who wins tough cases, and is willing to go the distance to take a case to trial.  I'm definitely one of those attorneys who will take a tough case to trial, and I've won plenty of them.