Get ready for a disappointing answer: It depends.

So many factors go into determining the value of a personal injury claim that it is impossible to reduce such a case to a number. Factors such as the mechanism, nature, and severity of the injury; the evidence available to prove the injury; the age, occupation, family status, and other characteristics of the injured person; the identity of the defendant; the county or venue in which a claim would have to be litigated; the amount of insurance or other assets available to pay a claim; and more. Ultimately — and I understand this may sound blunt — the value of a personal injury case is as much or as little as you can persuade a jury to award you (and then collect) or an opponent to settle with you for. Here are a couple of examples of how these factors affect your case:

• Age of the injured person. Medical bills, lost income, and pain and suffering are all recoverable in a personal injury claim or lawsuit, and that recovery should include both past damages and future damages. In the context of a permanent injury, all else being equal a younger person is going to have more future damages than an older person. Juries can be especially sympathetic to injured children, and jury sympathy has, rightly or wrongly, a significant influence on the value of a case.
• Venue. Culture varies from country to country, sure, but also from region to region, state to state, county to county, and even neighborhood to neighborhood. The jury pools in different counties have different cultures, view personal injury litigation differently, and exhibit persistent differences in how they rule in these sorts of cases. Bringing your case in a “good” venue can dramatically improve its value over bringing that same case in a “bad” venue.
• Evidence of an injury. Some injuries are hard to see, but others are easily visible. Whether or not you have pictures of your visible injuries can have a significant effect on your case’s credibility and the willingness a jury has to make sure you are compensated for your injuries.
• The defendant. An injury that might entitle you to significant compensation can become valueless if your claim is against an uninsured, unemployed defendant with no assets. Additionally, if the defendant is an overseas corporation that is hard to reach, or a government entity protected by sovereign immunity, a claim that could otherwise be very valuable may have its value significantly or completely reduced.

While we avoid taking guesses at the value of a case, we can tell you what you can do to preserve or maximize your case’s value. If you have been injured and are considering pursuing a claim against the person who injured you, call us for a free case evaluation.