An accident attorney needs to consider and evaluate a variety of factors in a personal injury case. It is a good idea for you to understand how a personal injury case is valued.
Looking at Liability
Liability (or determining who is at fault) is a major factor when evaluating a personal injury case. A best-case scenario for an injured person recovering damages is when the person or business causing the damage is 100% at fault. However, this is not always the case. If some amount of responsibility can be attributed to the injured party, then this may affect the damages that a jury awards, or a settlement.Typically an accident attorney will have a professional investigator involved in your matter. This person’s role is to do a thorough investigation of your
Typically an accident attorney will have a professional investigator involved in your matter. This person’s role is to do a thorough investigation of your matter and provide a report, which attributes the liability.
In addition to the first-hand experience of your accident attorney with cases similar to yours, there are a variety of valuation tools available to attempt to put a value on a case. Attorneys can review reports and awards found in factually similar cases to yours, have roundtable discussions with other attorneys, and utilize valuation software, to try to evaluate the potential worth of a personal injury case. You should consult an experienced accident attorney for a specific evaluation regarding your particular matter.
Prior Legal Incidents
Another element that may affect a damage award is whether the person or business causing the injury (the defendant) has had prior similar legal matters or any on-going legal situations. For instance, does the defendant have criminal charges or other matters pending with government enforcement agencies? If so, this may positively impact your case as the defendant may have a need to quickly settle your matter, and do so for a higher amount than normal. Also, it may help your case if there is a lot of press or media surrounding the case. The defendant may be more inclined to settle for a higher dollar amount so as to avoid negative media coverage.
An additional factor that may influence your damage award is how experienced your accident attorney has in handling similar cases. You should ask about your attorney’s previous experience and success with handling cases similar to yours.
We Can Help
If you have been involved in an accident that was caused by the negligent or careless conduct of another individual and have sustained personal injuries, it is to your advantage to immediately consult with an experienced accident attorney at the Law Offices of David P. Kashani, APLC. For a free consultation or to schedule an appointment, please call David P. Kashani today at (855) 449-0944.