NEW YORK–(BUSINESS WIRE)–A New York City-based personal injury law firm, recently won a $6.125 million jury verdict for a client injured by a rental car while riding his bicycle. While that sum may be staggering, it is difficult to predict what an injury may be “worth.”
After all, justice in a personal injury practice is measured not by medical treatment or by plaintiff progress. Justice is often measured, however, by how much money a personal injury attorney recovers for the injured person to compensate for pain, suffering and all economic losses (ie: medical expenses, loss of earnings) from the date of the accident until the injured has recovered from their injuries or for the rest of that person’s life.
An experienced attorney knows there are myriad factors that contribute to the ultimate value of a case, and he evaluates each one carefully before arriving at an approximate value.
First, the accident cause must be determined. Was it a motor vehicle accident, a construction accident or slip and fall? The personal injury attorney must also identify whether there is reasonable expectation that a jury would find the plaintiff negligent in some respect in causing the accident. If so, the jury would need to calculate the percentage of plaintiff’s fault and then apportion fault between the plaintiff and defendant. For example, if the jury found the plaintiff negligent by fifty percent, the jury’s award to the plaintiff would be reduced by half. This is critical to consider at the outset of the case.
Another factor that a personal injury attorney must consider is the type of injury being claimed. While a sprained neck or back may be seriously painful to the injured party, it will not induce an insurer to make a substantial monetary offer.