How Much Is My Case Worth?
The Aguirre Law Firm, PLLC - San Antonio Auto Accidents and Personal Injury Law Firm
Accident victims frequently want to know how much their case is worth. Seeking a qualified San Antonio area auto accident injury attorney is the only way to accurately determine what your case may be worth. There are several factors, both objective and subjective, that are involved in determining the final outcome. Every accident and injury has its own distinctive characteristics that will influence the final total of the claim. Not every case is the same.
The primary influences involved in establishing the total of the claim are the strength of the liability case and the extent of the injuries that have impacted the victim’s life. The quality of the evidence is very important. There are a variety of slight elements involved that may make a claim more or less valuable. An experienced attorney can help you determine the value of your case after a thorough investigation of the case.
Factors that influence the value of a case:
Before expecting to effectively pursue a personal injury claim, there must be another party responsible for your personal injury, and you must have damages for which you can be compensated. You and your attorney must prove them in a court of law or persuade the insurance company’s adjuster or attorney that you will be able to. Your personal injury case depends on the accessibility of detailed police reports, your attorney’s ability to produce compelling discovery documents and take depositions, and the availability of witnesses and physical evidence. The attorney must gather all necessary evidence, including your medical records and bills, interview witnesses, negotiate with the insurance company and calculate damages, etc.
The individual initiating the claim and compensation has the responsibility of carrying the “burden of proof”. You will have to prove your case “by a preponderance of the evidence.” Three elements that influence liability are:
Who determines the value of the claim?
A judge or jury determines the sum of money that will equitably compensate the victim of accidental injury. This is determined subsequently to hearing evidence from witnesses and considering documents and exhibits explaining how the accident occurred in addition to the extent of any injuries received. Not all injury cases need to go to trial. The majority of cases involving personal injuries are settled before going to trial.
The attorney that you select should be able to evaluate a case and provide an estimation of the value of a case. In other words, your attorney should be able to estimate how much a judge or jury will award if the case were to go to trial. The estimated value of a case is what an attorney relies on when negotiating with the insurance company. The attorney will take into account several factors including how the accident occurred, the injuries of the victim, the credibility of the medical treatment and the locale of the case in determining the value of a case.
The defendant insurance company goes through the same process of attempting to place a value on a case. Obviously, insurance companies will attempt to value a case as low as possible. Therefore, you need a good attorney to negotiate with the insurance company based on the true and fair value of the case.
Length of time in determining your case
Your medical condition plays a key role influencing when your claim is valued. Settlements are approached with caution. Once a settlement is accepted, you may not revisit the case if you feel your injury was worse than assumed.
Several months may pass after an accident, before making an attempt to value a claim. The injured person may still be recovering. The case should not be settled until a doctor is able to estimate what the future will likely be for the injured person. There may be future medical costs, additional surgery or a permanent disability resulting from the injury.
The sooner you contact our attorneys, the better your chances are of receiving equitable compensation for your injuries. We accept motor vehicle accident cases on a contingency fee basis. That means that we cover the cost of the case and we never charge you a fee unless we obtain a settlement or verdict in your favor.We offer a free initial consultation that is confidential, and without obligation. We do not charge a fee for a motor vehicle accident case unless we obtain a judgment or settlement in your favor. Contact us by calling (210) 922-0808 to speak with one of our experienced motor vehicle accident attorney Alex Aguirre today.