How Much Is My Case Worth?
Our San Antonio Auto Accident Lawyer Can Help You
Accident victims frequently want to know how much their case is worth.
Seeking a qualified San Antonio car accident attorney is the only way
to accurately determine what your case may be worth. There are several
factors, both objective and subjective, that are involved in determining
the final outcome. Every accident and injury has its own distinctive characteristics
that will influence the final total of the claim. Not every case is the same.
Have questions? Ask our San Antonio auto accident attorney in a
free case evaluation!
The primary influences involved in establishing the total of the claim
are the strength of the liability case and the extent of the injuries
that have impacted the victim’s life. The quality of the evidence
is very important. There are a variety of slight elements involved that
may make a claim more or less valuable. An experienced lawyer can help
you determine the value of your case after a thorough investigation of the case.
Factors that influence the value of a case:
- The bills and expenses relating to medical treatment
- How severe the injuries and how permanent they are
- Whether or not you received prompt, quality medical attention
- Whether or not you will receive rehab, future medical care, etc.
- If you will be dealing with any degree of disability
- Any written doctor opinions that you have received
- Results from any tests you have had performed (ex: MRIs)
- If you lost any past, current, or future income due to injuries
- Pain and suffering you have experienced due to the injuries
- How old you are and whether you have any previous injuries
- The percentage of the defendant's liability
- Any other damage you have suffered (ex: loss of companionship)
Before expecting to effectively pursue a personal injury claim, there must
be another party responsible for your
personal injury, and you must have damages for which you can be compensated. You and your
lawyer must prove them in a court of law or persuade the insurance company’s
adjuster or lawyer that you will be able to. Your personal injury case
depends on the accessibility of detailed police reports, your attorney’s
ability to produce compelling discovery documents and take depositions,
and the availability of witnesses and physical evidence. The attorney
must gather all necessary evidence, including your medical records and
bills, interview witnesses, negotiate with the insurance company and calculate
The individual initiating the claim and compensation has the responsibility
of carrying the “burden of proof”. You will have to prove
your case “by a preponderance of the evidence.”
Three elements that influence liability are:
Duty- the other individual had a duty to do something or refrain from doing
something. The most common responsibility duty would be to “act
as a reasonably prudent person would act under the circumstances.”
Breach of Duty- If an existing duty is established, the lawyer must prove that the duty
was breached. This means that the other party didn’t act as a reasonable
person would under the situation.
Proximate Cause- The claim is still not established even after proving the other party
breached a duty. It is essential to prove that it was the individual’s
“doing something wrong” that caused the accident or damage.
Who Determines the Value of a Claim?
A judge or jury determines the sum of money that will equitably compensate
the victim of accidental injury. This is determined subsequently to hearing
evidence from witnesses and considering documents and exhibits explaining
how the accident occurred in addition to the extent of any injuries received.
Not all injury cases need to go to trial. The majority of cases involving
personal injuries are settled before going to trial.
The attorney that you select should be able to evaluate a case and provide
an estimation of the value of a case. In other words, your attorney should
be able to estimate how much a judge or jury will award if the case were
to go to trial. The estimated value of a case is what a lawyer relies
on when negotiating with the insurance company. The lawyer will take into
account several factors including how the accident occurred, the injuries
of the victim, the credibility of the medical treatment and the locale
of the case in determining the value of a case.
The defendant insurance company goes through the same process of attempting
to place a value on a case. Obviously, insurance companies will attempt
to value a case as low as possible. Therefore, you need a good lawyer
to negotiate with the insurance company based on the true and fair value
of the case.
Length of Time in Determining Your Case
Your medical condition plays a key role influencing when your claim is
valued. Settlements are approached with caution. Once a settlement is
accepted, you may not revisit the case if you feel your injury was worse
Several months may pass after an accident, before making an attempt to
value a claim. The injured person may still be recovering. The case should
not be settled until a doctor is able to estimate what the future will
likely be for the injured person. There may be future medical costs, additional
surgery or a permanent disability.
The sooner you contact our attorneys, the better your chances are of receiving
equitable compensation for your injuries. We accept
motor vehicle accident cases on a contingency fee basis. That means that we cover the cost of
the case and we never charge you a fee unless we obtain a settlement or
verdict in your favor.
We offer a free initial consultation that is confidential, and without
obligation. We do not charge a fee for a motor vehicle accident case unless
we obtain a judgment or settlement in your favor.
Contact us by calling (210) 960-9875 to speak with one of our experienced San Antonio
Attorney Alex Aguirre today.