This is a complex question without a definite answer, as two juries in the same county could give completely different answers after seeing the same evidence. This is why we talk about ranges, not specific numbers, when we recommend settlements. But here are some factors included in our analysis:
What Are Your Medical Expenses?
One straightforward way to determine your personal injury claim’s value is to look at the cost of treating the injuries. Our team can consider any of the following expenses when calculating your case’s worth:
- Hospitalizations
- Surgeries
- Number and type of medical treatments
- Prescription medications
- Medical equipment
- Rehabilitative care
- At-home care
There Is Variation Within Each Injury
Your injury’s severity also plays a role. For example, a hairline fracture will heal faster than a shattered bone that requires surgery and physical therapy. Likewise, flexion/extension soft tissue injuries can resolve in a few weeks or take over a year to heal after intensive chiropractic, physical therapy, and massage therapy. Sometimes they never heal.
These nuances are an integral part of case valuation – ones often overlooked by insurance companies when calculating a claim’s worth.
There Is Variation from Person to Person
Even if two people suffer injury in the same circumstances, their cases may not be valued the same simply because they are different people. How you are injured and how you recover can be based on your:
- Age
- Health
- Family history
The Injury’s Impact on Your Life
Medical expenses are only one facet of your personal in. The consequences of being hurt by negligence can crop up in other areas of your life:
- Career
- Dependents
- Mental health
- Pain and suffering
- Embarrassment and emotional distress
Any income you lost while recovering should be included in your case valuation. If you are the financial provider for your children or other dependents, that missed work also represents missed support for those dependents. We can consider that in your claim’s value, too.
Your claim or lawsuit can also help provide compensation for the injury’s toll on your mental and emotional health. If you suffered serious injuries or lost a loved one, you could develop anxiety, depression, phobias, or post-traumatic stress disorder (PTSD). We could pursue reimbursement for expenses like therapy and psychopharmacology, and seek damages for pain and suffering and emotional distress.
Long-Term Effects Count
When assigning a value to your personal injury claim, we ensure the liable party considers your future, not just your present struggles. If you are likely to face ongoing or recurrent problems related to your injury, we can include that in your case’s value, such as:
- Mental health issues
- Chronic pain
- Long-term medications
- Lack of independence
- Diminished quality of life
- Reduced earning capacity
- Loss of consortium
- Inability to pursue hobbies
As you can see, there are many factors involved in case valuation. We will talk through those factors with you, but please ask any questions that pop up for you.
There are generally four steps in Litigation after the lawsuit has been filed:
- Written Discovery: During Litigation, the defense attorney will have to learn the file and does so by requesting your medical treatment records, bills, and lost wage information. This is done by sending written questions and requests for documentation to our law firm. Commonly, the defense lawyer will send roughly 30 written questions called “interrogatories’ to learn about you, the nature and extent of injuries, and how those injuries have affected your quality of life. We will do the same thing on your behalf by serving interrogatories, requests for documents, etc.
- Deposition: Once written discovery has been completed and the defense lawyer has had sufficient time to review and summarize the information, the defense lawyer will usually set up a time to take your “deposition.” We will do the same thing by taking the deposition of the defendant and any other key witnesses to your case. A deposition is a sit-down session with the insurance company lawyer in person or by Zoom, where they have a chance to ask you questions. The Defendant is typically not present during your deposition, but they have a right to be present. A court reporter is present, and the questions are answered under oath with a written transcript provided by the court reporter. We are always present with you during the deposition. We also meet with you well in advance to prepare you for the types of questions likely to be asked during the deposition. A deposition normally takes two to three hours. However, it can take as long as 7, but only in rare cases. The types of questions asked include general background, prior health history, facts of the incident giving rise to the injury, and how the injuries have affected your quality of life.
- ADR (Alternative Dispute Resolution): Minnesota courts have implemented “ADR” as a mandatory process to help parties seek early resolution before trial. It can include binding arbitration, non-binding arbitration, summary jury trial, or mediation. Mediation is by far the most common form of ADR and takes place after your deposition has been completed. Mediation is a voluntary, non-binding alternative to a trial. The parties mutually agree on a mediator, who is usually a local attorney with substantial experience in personal injury cases. Mediators are not judges, and they have no power to decide the case. Their primary job is to facilitate communications and keep the parties in negotiations to fully explore if a settlement is possible. Mediation is effective because it requires all parties and lawyers to prepare and focus on your case at the same time, i.e., it is like a spotlight on your case. That single-minded focus is invaluable to getting the case resolved. If both parties agree to the terms of settlement, it becomes binding. The estimated time to complete this step is six to 10 months from the date of filing the lawsuit.
- Trial Preparation: If your case does not settle at Mediation, it must be prepared for trial. Though it sounds intimidating, moving your case to trial preparation is not a cause for concern or discouragement. Most cases still settle, even though initial settlement discussions were not productive. Properly preparing the case for trial is important to show the insurance company that we are ready, willing, and able, if necessary, to present the merits of your case to a jury, who will have the final say on what amount fairly and reasonably compensates you for your injury. Our law firm handles all aspects of the preparation for trial, including gathering the video-recorded deposition testimony from treating physicians regarding the causation of the injury, the nature and extent of the injury, and any long-term consequences and/ or medical care brought on by the at-fault defendant’s negligence. At this step, our law firm will notify the Court that the case has not settled and is ready for a trial date to be assigned.