What’s My Case Worth?

The most common question I am asked by my personal injury clients is, “what’s my case worth?” In this article I will spell out the factors that influence the value of a bodily injury claim. Assuming you have established that someone else is 100 percent at fault and the injuries sustained were directly related to that negligent conduct, Arizona law now permits you to present evidence of your loss or damages. Damages are generally classified as either special or general. Special damages are those that have actually been incurred like medical expenses, lost income (past and future), prescriptions, mileage to and from the doctor and any other expense authorized by a doctor that resulted from the accident. General damages are quite a bit more subjective. We have all heard the term ‘pain and suffering,’ which is a general damage component of all personal injury claims. Other general damage components include emotional distress, inconvenience, lifestyle disruption and loss of enjoyment or consortium. We will save loss of consortium for another day. Because of the subjective nature of general damages, the majority of cases that end up in litigation are there due to a disagreement over general damages. I am sure you have heard the old saying, “three times the medical bills equals the value of a personal injury case.” Rest assured, nowhere in Arizona law will you find this mathematical formula. Instead, the computation for general damages is done on a case-by-case basis. Here are some of the actual factors used […]