Most clients often ask “how much is my case worth?”
My answer is always “it depends – and I can’t tell you yet.”
Their response is often “Seriously? Can’t you give me a range or a ballpark estimate?”
My answer to that is “No.”
Although I know there are attorneys who will quote a dollar value or guarantee an outcome, I think that is unethical and unwise and often results in disappointment for the client at the end of the case.
Let me explain why.
Cases change over time as new evidence is discovered, the opposing party’s litigation strategy becomes clearer, and new case law is developed. More importantly, most injured people are continuing to receive treatment for their injuries and don’t yet know the full extent of their injuries or the degree to which they will eventually recover.
For most clients, the value of their claim is determined by the extent of their physical injuries, the cost of their medical treatment, whether they will achieve a complete recovery, whether they need medical treatment in the future, and whether they lost wages or will have a reduction in wages in the future due to their injuries. Obviously, these things can only be determined after the passage of time.
In addition, the availability and extent of insurance coverage is an important factor, as is the availability of additional assets of the person or company that harmed you. After all, if there is no money to pay your claim, it doesn’t matter how badly you were injured. We all know “you can’t get blood out of a turnip.” The same is true with people who injure others, but fail to purchase insurance. This is another important reason for you to buy “underinsured/uninsured motorist insurance” when you purchase your automobile insurance.
What else can determine the value of your claim? Lots of things. Generally, when clients first hire us, they don’t have much information about their claim. They may have a police report regarding a car wreck, an incident report if they were injured on someone’s property, or letters from the party who harmed them. However, there is much more for us to discover before we can determine who is at fault. Even after determining who is at fault, we have to see what the other person’s response will be. Quite often, people tell us “the other insurance company accepted fault.” Well…maybe. Far too often, insurance companies fight claims they shouldn’t. They refuse to pay claims where someone was rear ended or they slipped on water at a store or stepped in a hole outside the front door. Why would they do that? The answer is simple – MONEY. Insurance companies don’t want to pay you at all. And, if they know they will eventually have to pay you, they want to pay you as little as possible and hang onto the money as long as possible. In other words, that rear ender may not be as simple as you think.
Is there anything else that can affect the value of your claim? Sure! Lots of things. One of the longest parts of the case is the period called “discovery” where the parties exchange information about the case. This doesn’t happen voluntarily. Each party has to request information – and do it correctly so that they get the information they need. This process can take several months and often involves taking depositions of parties (including you!), doctors, witnesses, experts, etc. How well you do on your deposition has an impact on the value of your claim. If you do well, meaning you tell the truth, give accurate answers, and are a like-able witness, your case value often increases (or at least doesn’t diminish). Likewise, if there are expert witnesses on your case who give favorable opinions about how your injury occurred and how it has impacted your life, your case value often goes up.
There may also be other things that happen during the course of your case that enhance or impair the value of your case, such as changes in the law that occur as courts issue decisions on cases similar to yours. As you can see, determining the value of your case is not an exact science. It is something that can only be determined after the majority of the evidence has been collected, your deposition has been taken, and your medical treatment concluded. Finally, at that point, we can give you a much better idea of the value of your case and the possible outcomes for your case. Only then will you have a better idea of the important decisions to make on your case – whether to settle – and for how much or whether to go to trial.
We know that being injured and needing to hire an attorney is a really stressful situation – and it never happens when you are prepared for it. It is always a surprise. We also appreciate that your question about your case’s value is an attempt to determine “whether it is worth it” to hire an attorney and make a claim. Although an attorney can usually answer that question, we believe it is irresponsible to tell you what your case is worth or guarantee a result early in the case. So – why would an attorney do that? Simple – MONEY. They want to sign you up as a client and get your case. Unfortunately, some attorneys believe that they can only “win you” as a client by telling you what you want to hear and promising you something early on. After all, if their number sounds good, why would you go to someone else? We think you should be very, very cautious about hiring those types of attorneys. It is often indicative of the level of service and care they will put into your case.
Our philosophy is that we are in the service industry. You hire us not just to obtain a result on your case, but also to provide you with good customer service along the way. You hire us to take care of you and your case so that you get the best resolution to your injuries and the best result for your case. For that reason, we are cautious with our opinions and promises and will only tell you the value of your case when we know all the facts necessary to give you an opinion. To us, you are more than just a number.
