What factors matter when evaluating an auto accident claim? In other words, what is a case worth? A new client may not always ask this question first, but eventually the client does ask it.
The Six Key Factors in Evaluating an Auto Accident Claim
When assessing the value of an automobile accident personal injury claim, I weigh several important factors, though not necessarily in order of importance. They include liability (is fault debatable?), the injuries and damages the plaintiff sustained, the amount of property damage, where the case could ultimately be litigated, how the plaintiff would present as a witness, and how the defendant would present as a witness.
Liability, Injuries, and Property Damage
The first factor concerns liability and whether the plaintiff contributed to the accident. A qualified attorney can best answer this question. In certain jurisdictions, including DC and Maryland, contributory negligence bars a plaintiff from any recovery if the plaintiff contributed to the accident at all.
The second factor speaks for itself. If the injuries required minimal treatment, or if the treatment addressed only soft tissue complaints with no objective proof of injury, the case may be worth less than one involving a broken bone or a permanent scar. The third factor focuses on the property damage to both vehicles. In theory, more property damage should increase the claim’s value. However, even substantial property damage means little if the injuries and treatment remain minimal.
Venue and Witness Credibility
The fourth factor addresses the value a jury might place on the case at trial. Generally, a party may file the case where the accident occurred or where a party resides. Some jurisdictions favor plaintiffs, while others lean heavily the other way. The fifth and sixth factors stay highly subjective. Without deposing the defendant, the plaintiff’s attorney may not know how the defendant would present as a witness. As a rule of thumb, an older, more responsible witness tends to appear more credible.
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