Simply put, the value of your recovery will depend on what a jury feels your recovery is worth. But since most cases are settled (never reaching a jury), your recovery typically relies on what the other person’s attorney or insurance company feels a jury “may” think your recovery is worth. Several factor go into demonstrating to the other side the value of your recovery. Here are some of them:
1. What was your degree of fault (if any) in causing your injuries? Your attorney must know how to assess this in order to maximize your recovery.
2. Were you treated at the scene?
3. Did you give any recorded statements to insurance adjusters, at the scene?
4. Were you rushed to the emergency room?
5. Did you have to actually check into the hospital for a stay?
6. How much were your medical bills?
7. Did the person who caused your injury do so maliciously/willfully/in bad faith. This is important because if the injuries were caused maliciously/in bad faith, then you may be able to recovery “punitive damages,” which is an amount of money awarded to you by a jury, to punish the wrong-doer.
8. Did you require surgery?
9. Did you have a pre-existing condition?
Your attorney must diligently investigate these issues, and more, to properly determine the value of your recovery. Only then can negotiations begin that properly place your interest first and foremost.