The additional belief that tends to go with this myth is that cases with similar injuries have the same dollar value in terms of a settlement or jury verdict. Neither of these two ideas is wholly true.
First, let’s discuss the basis for a discussion of the “dollar value” of a case. Properly before a court is not a case “value” but properly documented categories of recovery. These categories are things that the law in California or Nevada recognize as being compensable. What are those things?
- Reasonable and necessary medical expenses incurred to treat injuries caused by a negligent act
- Lost wages because of injuries caused by a negligent act
- Pain and suffering from injuries caused by a negligent act
- Future medical bills anticipated
- Property damage which can be either cost to repair, or replacement value depending on the circumstances
- In the instance of a wrongful death action, the surviving family members monetary injury as a result of the death
- Costs to bring the suit, if plaintiff is prevailing party (winning a jury verdict or bench trial), which does not include attorneys’ fees
Every dollar which plaintiff seeks must fall under a legally allowed category. That is the basic inquiry to be made.
Second, even though we could set all of these down on paper or in a spreadsheet, and we could derive a total, this still does not accurately measure the “value” of a case. Many other factors come into it.
One of the factors is the likability of the plaintiff, the injured party, as well as the likability of the defendant, or person or company to be held responsible for the damage. Like any election or sporting contest, no one knows the outcome until the election occurs or the match is concluded. Unless is there is a great disparity between the merits of each side, which there usually is not in a court claim, the match, the case, the election, the contest needs to go forward. Polling, statistics and briefs cannot decide the case.
Another factor is the relative fault of the injured party. At times, it can be legally argued that the party with the injuries contributed in some way to her own damages.
Yet another factor is the amount of insurance coverage paid for by the party sued. Some people carry none; others carry the minimum allowed by law; and yet others, either due to conscience or size of assets to protect, have above-average coverage limits. This can play a large role in what the case can “settle” for.
Another important factor is the level of documentation that has been developed to prove the claim or, on the defense side, to contradict the claim. When an injured party in, say, Dayton, Nevada or El Dorado Hills, California tries to go it alone without the assistance of counsel, this is one area that can become a weak point very easily. An attorney experienced with these types of claims will understand how to package a claim in a method most organized from the view point of an insurance adjuster.
Adjusters are looking for certain things. All day long every weekday, adjusters look at claims, usually of the same type. Insurance companies are generally not having maritime claims being adjusted by the same person who looks at slip and fall injuries on public sidewalks. The nature of the claims is very different. Adjusters begin to develop an eye for what looks like a standard versus something that is not standard. We all do this in our lines of work. That is why it is important to have your claim presented in a standard format. This brings us to the third reason why it is difficult to compare.
Thirdly, a claim can ultimately result in different jury verdicts depending on the skill and integrity of the attorney presenting the matter. Part of the skill of the attorney is understanding how to utilize all of the factors discussed above. Attorney Tahnya Ballard believes that integrity does matter because a disreputable attorney may have claims they present looked at askance by insurance companies or even judges, regardless of whether the case is pending in Yerington, Nevada or Placerville, California.
For all of these reasons, you can see why, if you call our office and tells us a few facts of your accident, we cannot simply give you any meaningful dollar value of the case. An interview and investigation of the facts and the circumstances is critical, and then the other factors come into consideration. We welcome your call to discuss your case.