The attorneys at Hof & Reid, LLC have handled thousands of personal injury cases, including car, tractor-trailer, motorcycle, construction, and pedestrian accidents. In each case, we devote our full attention to the people we serve. We have seen first-hand how severe injuries can be life-altering, causing significant emotional, medical, personal, and financial challenges.
Over the years of that representation, we have received countless questions about different areas of our practice and how the case is pursued. The three most common questions, however, typically include the following: (1) Do I have a case? (2) How much is my case worth? (3) Will the case settle before trial? Below is a glimpse into how those questions generally are answered:
“Do I have a case?”
In determining the potential success of a personal injury case, there is a focus on three different aspects of the matter:
1. Liability
2. Damages
3. Source of payment
The case will likely be successful if all three of the above-listed elements are present.
Liability — Liability means fault. Whose careless or reckless actions caused the accident or injury? More than one person could be responsible for any particular injury. If so, the negligence of each person is compared to all others responsible and used in the determination of your recovery.
Damages — Damage is another word for injury. The injury could be physical or nonphysical in nature. In assessing damages, the jury will determine what you have lost as a result of the accident. Often, damages include past and future medical bills, lost wages, pain, suffering, and inconvenience due to your physical or mental condition, which resulted from the accident.
Source of payment — Is there an available source of payment? Who or what entity will reimburse you for the injuries you have sustained? Typically, payment for compensation of personal injury damages is made by an insurance company on behalf of its insured, the negligent person or corporation. In the case of an automobile accident caused by an uninsured or underinsured driver, payments may be made by your own insurance company if you maintain that type of coverage. If a responsible party or a corporation does not have insurance, it may be necessary to pursue recovery from the personal assets, if any. If there is no insurance and no assets, a lawsuit may not be worth the expense of pursuing.
“How much is my case worth?”
While each case is unique, an injured person may be eligible for compensation for “economic” and “non-economic” damages. Economic damages include past and future medical expenses, past and future lost wages, vehicle or property damage, and expenses incurred as a result of the accident. Non-economic damages are commonly known as “pain and suffering,” including physical pain, mental anguish, discomfort, inconvenience, and distress. Other non-economic damages include embarrassment and humiliation, loss of enjoyment of life, and scarring or disfigurement.When determining the extent of the non-economic damages, factors to be considered include severity and permanency of the injuries, impact on daily life, pre-existing conditions that may have contributed to the injuries, and the extent of the scarring or disfigurement.
“Will my case settle before trial?”
Statistically speaking, the answer is yes. An overwhelming majority of cases are settled before trial. The more important question is whether the amount and terms of that settlement will be in the client’s best interest. Ironically, achieving that goal typically comes by presuming the case will not settle and instead preparing as if it will go to trial. A well-prepared case with sufficient support to confront and counter the opposing side’s position is the best strategy for a favorable pre-suit resolution. It means immediately gathering critical evidence and having the most reliable medical experts, engineering experts, economic experts, or other experts who are professionals in their field, as dictated by the circumstances of each specific case.
In determining whether a settlement is in the client’s best interest, the strength of the case must be evaluated against the risks associated with going to trial. That evaluation should be discussed at length with the client and a settlement offer should not be accepted or rejected unless and until the client consents one way or the other.
