What Makes a Case High Value?

What makes a personal injury case high value in the eyes of the law can be tricky to define. Here’s a look at some of the elements that separate standard settlements from larger recoveries.

When you’re severely injured in an accident, money is probably not the first thing on your mind. Your highest priorities are recovering from your injuries and getting your life back to normal. But with mounting medical bills, time away from work, and constant pain, the financial security required to rebuild your life is suddenly very important.

If you’ve done the math and realize it will take a considerable sum, it’s natural to wonder, “How much is my injury case worth?” That’s a good question, because what makes a personal injury case high value in the eyes of the law can be tricky to define. Two people can be involved in the same car crash and ultimately receive two entirely different settlement figures.

That’s because there are unique variables involved in every case, even when two cases seem remarkably similar. The details really matter, as the clarity of the evidence, the availability of insurance funds, and the skill of the legal team negotiating on your behalf all play large parts in determining the settlement amount you deserve.

So, what makes a case high value? Here’s a look at some of the elements that separate standard settlements from larger recoveries.

What Does “High Value” Mean in a Personal Injury Case?

To know what constitutes a high-value injury case, you first have to understand a bit about how personal injury law works.

The civil justice system is designed to make a victim whole again — that is, to restore them, as closely as possible, to the position they were in before the defendant’s negligence changed their life.

So, one misconception you should put out of your mind is that winning a high-value case is similar to receiving a massive inheritance from a family member or winning the lottery. Large settlements occur when the victim has suffered catastrophic, life-altering losses that demand substantial financial compensation.

When attorneys evaluate what makes a case worth more, they calculate the tangible economic harm caused by the accident, along with the intangible impact on the victim’s quality of life.

How the Severity of an Injury Affects Case Value

The severity and permanence of your injuries are, without a doubt, the biggest factor in your case. Remember that the system is designed to compensate you for what you have lost. The more you lose, the higher the potential value of your claim.

Insurance companies tend to categorize injuries into two broad groups. The first is soft-tissue injuries, including whiplash, sprains, or minor contusions (bruises).

Soft tissue injuries, while painful, generally heal with time and regular treatment. Cases involving only this category of injuries typically settle for lower amounts. That’s because the long-term impact on the victim’s life is minimal.

The second category is known as “hard injuries.” This category includes traumatic brain and spinal cord injuries, severe burns, amputations and loss of limb, and complex fractures.

Victims who have sustained hard injuries may become permanently disabled or disfigured, or they may face a lifetime of chronic pain. Therefore, the financial compensation must reflect the permanent changes to their lives.

Why Liability Matters Just as Much as Damages

While the two categories used by insurance companies seem like they would serve as tools for determining the value of a case, there is another critical factor to consider in any injury case: liability.

A victim could suffer the most horrific injuries imaginable, but if they can’t prove that the other party was legally at fault, they have no case. That’s why liability matters just as much as damages. And a high-value case needs especially strong evidence of liability.

In fact, in most high-value cases, liability is undeniable. If, for example, a commercial truck driver rear-ends a stopped vehicle while under the influence of alcohol, that’s a clear case of negligence.

In cases like this, where the defendant’s liability is absolute, their insurance company becomes highly motivated to settle the case for a considerable amount, just to avoid the unpredictability of a jury trial and a potential public relations disaster.

However, if liability is less clear, it can act like an anchor on the case’s value. If an insurance company believes they have even a 50% chance of winning at trial and paying you nothing, their settlement offers become dramatically lower.

The Role of Medical Records, Wage Loss, and Future Care

As you can see, determining what makes a case worth more is often a numbers game. Both parties weigh their chances, the potential amount at stake, and decide on their best move. Figuring prominently in these calculations are the costs of past and future medical care, along with the impact on the victim’s income and their ability to earn a living.

The cost of immediate emergency care, surgeries, and hospital stays sets the baseline for a claim. However, the bulk of the value lies in the expense of future medical care. To accurately project these costs, attorneys work with medical experts and economists to estimate the cost of lifetime care. This might include the expense of future surgeries, lifelong physical therapy, in-home care, and more.

If an injury stops the victim from working while they recover, they are entitled to the wages they have lost. If they can never return to their job, they are also entitled to the income they would have earned over the course of a lifetime in that career.

Calculating these costs accurately is heavily dependent on complete and accurate medical records. When it comes to reduced earning capacity, you may need vocational experts to assess your education, experience, skills, and the realities of the job market to arrive at a figure that protects you and your family from financial ruin.

How Insurance Coverage Impacts Recovery

At this point, it may seem that what makes a personal injury case high value is directly related to how high the medical bills are. However, it’s not that easy, as a number of factors can come into play. One of the most important is insurance coverage, and how much you can actually collect.

For example, if you suffer $500,000 worth of damages, but the at-fault driver only carries a minimum liability policy of $25,000, and they have no personal assets, your recovery from that driver may be capped at $25,000.

High-value cases, therefore, often involve defendants with deep pockets or substantial insurance limits. Sometimes, multiple defendants share the liability. You might, for instance, be able to sue both a negligent driver and the rideshare company they were driving for. Commercial entities with multimillion-dollar corporate policies are also frequent defendants in high-value cases.

Can Pain and Suffering Increase Case Value?

While we have looked at many objective factors that determine a case’s value, the truth is that highly subjective factors that increase settlement value account for the largest share of a high-value settlement.

Chief among the intangible factors is pain and suffering. This is the physical agony endured during the accident, surgeries, and recovery. Closely related are mental anguish issues: emotional distress, anxiety, PTSD, and the trauma of coping with a changed life.

Another factor to consider is the loss of enjoyment of life, defined as the inability to pursue the hobbies or activities that once brought you joy.

Because there is no exact mathematical formula for pain and suffering and other subjective factors, the value is driven by the narrative your legal team builds. Demonstrating a profound impact on your daily life — perhaps through testimony from friends, family, or expert witnesses — is critical for maximizing the more subjective aspects of your claim.

What Can Lower the Value of an Otherwise Strong Case?

You now have a pretty good grasp of what makes a case high value. But even if your case meets all the criteria, insurance companies will look for any reason to lower its potential value. And many factors can sabotage the value of the best case.

One of the most common is gaps in medical treatment. If you don’t seek immediate medical attention or skip later appointments, insurance companies will try to make the case that you are not as injured as you claim.

Pre-existing conditions can be a problem, too. If you had a bad back before a car crash, the defense will argue that your current pain is no worse than it was before the accident. Your attorney may have to use medical imaging to prove that the accident aggravated the condition.

Even your social media activity can tank your case. Posting photos of yourself on vacation, dancing at a wedding, or engaging in physical activities while claiming to be severely disabled will most certainly be used against you. And don’t think that nobody’s watching. Insurance defense teams will scour your background looking for reasons to paint you as an unreliable or exaggerating claimant.

We Can Help Determine the Value of Your Case

Understanding what makes a personal injury case high value is only the first step. To actually gain the financial compensation you deserve for a catastrophic or life-changing injury, you must carefully navigate a complex legal system and make no mistakes along the way.

Insurance companies have every motivation to lower the value of your claim, and they will use every tool at their disposal to do so. That’s why you need an experienced legal partner like Kanner & Pintaluga. We know how to determine the true value of your case and see it through to a successful settlement or jury verdict.

For a free, confidential case evaluation, contact the experienced personal injury attorneys at Kanner & Pintaluga today.