How much is my case worth?
One of the first questions asked by an accident victim is, “how much is my case worth?” That question can only be properly answered on a case by case basis. There is no magic formula to apply to see how much you will get in a case. However, various factors can be weighed by you and your attorney to determine what amount your case is worth. The list of factors below is neither exclusive nor exhaustive. Each factor is very important and should be considered in determining case value. Other factors may and should be considered. A single factor does not control the determination of case value.
Injuries and Treatment. The injures you sustain will greatly impact what your case is worth. If your injures require surgery, long term therapy, and prevent you from working and conducting everyday activities it will routinely be worth more than injuries that do not require surgery, or injuries that do not cause long term effects.
Liability. When we speak of liability we are referring to “whose fault is it”. For example, if you suffer severe injuries in an automobile accident that occurs when you are stopped at a red light and are rear-ended by a drunk driver liability will be found in your favor against the drunk driver. However, contrary to that, if you were not paying attention and crash your own motor vehicle into a parked car, liability would fall on your shoulders and you would most likely be found 100% liable for causing the accident. In many cases liability is not determined to be the fault of just one party. Often liability is apportioned between multiple parties or entities to an accident. For example, one party involved in a motor vehicle accident may be found to be 25% responsible and a second party may be found to be 75% responsible. In New York State, the person only 25% responsible for causing an accident may still recover 75% of his damages.
Insurance Limits. The availability of insurance impacts the value of your case. Clearly, you can’t get blood from a stone. Additionally, bankruptcy laws may protect a wrongdoer from personal liability in excess of the applicable limits of insurance maintained. Finding additional sources of insurance, insurance policies and personal assets or wrongdoers is a top priority at The Felicetti Law Firm. Ultimately, we are in the business of obtaining actual recoveries for our clients and not simply obtaining uncollectible sizable verdicts.
Venue. This refers to where you case is held. Your case is brought in a specific county within New York State. Often the venue of a case will impact the amount a case is worth in terms of both settlement value and verdict value. Specifically, for purposes of New York, injury case venue refers to whether your case is brought in Bronx County, Kings County (Brooklyn), Queens County, or New York County (Manhattan), etc. Venue is determined primarily by where the parties to a case reside. Generally speaking an injured party may bring a case in any County where any of the parties reside.