PUTTING VALUE ON YOUR DAMAGES

It is important to understand that cases are valued from several points of view. When we, as individuals are injured in any way - physically, mentally, emotionally - we want to be compensated. So you as an individual have a personal value point of view. However, lawyers know that sometimes there is no compensation for your injury because no one was legally at fault. Sometimes there is someone at fault, negligent or purposefully discriminatory, and it is those times when you will need to seriously examine what your case is worth, from a legal point of view before you decide how to proceed.

VALUATION FROM DIFFERENT POINT OF VIEWS

First, as counsel, I think about the value of a case from the point of a jury. A jury is a group of people from the community who are not supposed to have knowledge of the ins and outs of your case. They are looking at the case objectively. Lawyers want to persuade them that you win and win largely because of your damages. Normally the lawyer has an incentive to win large; they get paid from what you win! However, sometimes you have to think about the local rules of the court or the statue in the type of case that you may bring as the evidence of certain types of damages may be difficult to prove. Another thing about juries is that they are diverse. The individuals come from diverse backgrounds, experiences and they make you think about the value broadly.

HOW DO LAWYERS VALUE A CASE?

Lawyers will begin valuing your case from the moment you call for an appointment. You will get asked many questions, maybe even by the receptionist, so think carefully about the answers. We are looking at the strength of the case and whether we can win against our opponent, or whether we will be able to get the case in a position to settle for an amount that will exceed the amount of time that we spend working on it.

In the United States, we also research what the courts before us have said about similar cases. This is from our system of “Stare Decisis” which means that the court follows what was already decided. Courts on the same level do not have to follow, but a court lower must follow the decision. Besides researching how the cases were decided, we want to know what the judgment amount was in that case. If the case settled it is not easy to find out how much it settled for, as settlements are usually confidential. However, if there was a judgment it may be made public. Then we compare your case to that case and argue that the value amount is the same or equal.

VALUATION OF DIFFERENT CASE TYPES  

Not only do we want to know what your damages are, but we also what to know what evidence you have that we will use to prove your case.

In a discrimination case, we want to know if you were injured, either mentally, psychologically, emotionally, or physically. We look for proof: did you go see a doctor and was there a bill. Was there retaliation? Did you lose your job or work overtime? What are your current wages, what should they have been, and do you have the taxes and pay stubs to prove it?

For a personal injury case, we want information such as how much damage was done to the car, whether the ambulance came, what hospital did you go to and whether you saw a doctor. What is the treatment suggested and did you follow the treatment plan? If so what did it cost, and was it reasonable?

In a contract matter, we are looking at what was contracted for and how much it will cost to replace the items. If the cost is recouped,  should there be additional liquidated damages or tribble damages (a legal term meaning the courts can triple the damages) or are there damages associated that are simply for punitive-for punishment?

One of the hardest types of cases to understand in terms of valuation is wrongful death. Many times the value of the case is more if the person did not die than if they actually died. In these cases, we will normally have to have experts who help decide the value. They will look at how much the person would have made over their lifetime, and review graphs and tables for those of the same age, education, lifestyle as the deceased.

LAWYERS' FEES

Many times the lawyers’ fees are included in the valuation of a case. If the lawyers’ fees will add up to $20,000 worth of time and the case so only worth $10,000, they will not take the case. Some lawyers follow traditional customs and the case is taken on contingency and they are not paid until the case is completed.

It is best to consult with counsel before you hire them for a lawsuit or before you file it yourself. You want an objective opinion about the value of the case and the difficulty or ease of obtaining proof and winning.