A brief comment before sharing some of the factors that determine the economic value of any given case: There are many unique variables that impact each case, and situations can be difficult to compare. Every situation is different and without 100% of the information, a competent analysis regarding case value cannot be made.

That said, there are generally two types of factors that are most important in determining case value. 1) The damages incurred by a plaintiff as a result of the occurrence and 2) How much will the defendant be obligated and able to compensate.

1)    Factors related to damages incurred include the following:

a.     Amount of medical expenses incurred;

b.     Amount of wage loss incurred;

c.     Manner in which activities of daily life are interrupted (can you get dressed by yourself? Can you drive? Can you participate in your hobbies?)

d.     Is there disfigurement, such as scarring?

e.     Are any effects of the occurrence permanent (Do you suffer limited range of motion? Do you remain in pain? Is your strength limited?)

f.      Did the incident leave you at an increased risk of future harm?

2)    Factors related to what a defendant might be obligated to pay.

a.     Is the defendant at fault? In order to be entitled to any compensation, a plaintiff is obligated to demonstrate that a defendant is at fault. That something bad happened is not, alone, sufficient to entitle someone to compensation. Another way to think about fault is that a defendant must have done something wrong to be obligated to compensate someone else for damages incurred.

b.     If the defendant is at fault, do you bear any blame? Even if a defendant is 95% in the wrong, comparative negligence laws mean that the full value of damages would be subject to a 5% reduction in that situation.

c.     How much insurance coverage or assets does a defendant have? Even if damages suffered are significant, in a situation where the insurance coverage and other assets available to make you whole for those damages are limited, there might not be a path to a maximum recovery.