Injured persons almost always believe their case is worth more than the likely recovery. There are a number of reasons why this is so. First and foremost, when a person has sustained a personal injury, especially an injury that is painful and takes time to heal, the person suffers emotionally and physically. And, that suffering is commonly on a daily basis. Also, the person may be upset and angry that someone else's negligence has substantially impacted the quality of their life.
So the value of the personal injury claim to the injured person is often inflated because it is not related to typical settlements or judgments in similar cases. Injured persons often seek validation of their own opinion of the value of their cases and there are attorneys willing to adopt what may be unrealistic expectations of the client to get the client "signed up". But, having realistic expectations will save a lot of grief and aggravation.
Evaluating the likely recovery in a personal injury action depends on many factors including the nature and extent of the personal injury, where the case would be tried, the strength of liability, credibility of witnesses, availability of evidence, expert opinions, if necessary, and the judge to whom a case is assigned. Don't listen to your friends to determine the value of your case. Consult with a personal injury attorney who knows the local courts, is familiar with the value of similar types of cases, and would be willing to take your case to trial if necessary.
An attorney who is willing to make a commitment to work on your case on a contingency fee basis is much more likely to have realistic expectations of the value of your case than a family member or friend who happened to read about a personal injury recovery in a magazine or newspaper. Moreover, establishing realistic expectations of the value of one's personal injury case also helps avoid mistakes in taking a case to trial that should settle.
Insist that your personal injury lawyer candidly explain the value of your case and the risks and advantages of going to trial. Be an informed client and actively participate in your case and litigation strategy. This will help manage your expectations. In the long run, you will be happier and more satisfied with the result.
