A common question I get from clients injured in Mississippi is what is my case worth.  It is usually during the first meeting with a client that this conversation comes up. And many times it starts with a client saying they had a friend who got so much money for their injuries. The conversation with their friend probably went something like this:

Fred:  George, I understand you were in a car wreck

George:  I was.  I ended up breaking my leg and shoulder and am still having trouble with my shoulder since the accident.

Fred:  Sorry to hear that.  I had a friend who was in a car accident three years ago, he didn’t break any bones, and he got a $70,000.00 settlement.  What do you think your case is worth?

George:  Hmmm.  I don’t know but I figure my case is worth at least that much, but the insurance company has only offered me $30,000.00.

Fred:  Well, I would hold out until you got at least $70,000.00.

What is wrong in the example above?  Is George’s case worth at least as much money as Fred’s friend?  I can’t say.  Why?  There are not enough facts to value the case.

Despite some insurance companies belief, there is no computer program that you can input all your information into and have it spit out an answer to the question of what your case is worth?  There is only one hard fast rule—no two cases are exactly alike and as such, no two cases are worth exactly the same amount of money. 

There is no precise formula, calculation, or other mathematical equation to determine what your case is worth. Each case has a different set of facts, a different set of injuries, and a different set of issues which all impact the value of the case.  If some attorney, after listening to a summary of your case for 30 minutes, tells you your case is worth X dollars, you should be concerned.  The reason is that there are a number of factors that impact the value of your case and usually these are not known without a full investigation of the facts.  The following are some of those factors that will impact the value of your case.

• Who is at Fault

This is a question of whether liability (fault) on the part of the other party is clear or whether there is evidence that you somehow contributed to your injuries.  Let’s take the example above.  If the person driving the car that hit Fred’s friend was a drunk driver, then that would increase the value of the case as there is a possibility of punitive damages and liability will be easier to prove.  However, what if George was hit by a preacher on the way to church who had never been involved in an accident before and was truly apologetic about the accident.  Does that impact the value?  You bet.  Why?  Because the ultimate decision-maker of what your case is worth is a jury.  And each of those scenarios will impact the decision of a jury in awarding damages to the injured party.  It’s human nature.  In the example above, the preacher is a credible witness and comes off very humble.  Juries are forgiving.

• Damages

In every personal injury case, you have what are termed “hard” economic damages.  These are medical expenses, lost wages/wage earning capacity, and property damage.  You can calculate these damages using a formula.  However, you also have more intangible damages such as pain and suffering, physical disfigurement and physical impairment, which are more subjective.  These are the damages left to the discretion of the jury.  These damages depend on the evidence the jury hears, the credibility of the witnesses who testify, how the jury perceives those witnesses, and the particular facts of the case.  However, there are some factors that can impact the recoverability of these damages:

• Were you seriously injured?

• Did you seek medical treatment immediately following the accident?

• Were you a compliant patient who treated according to the doctor’s recommendations, made the appointments, and worked towards returning to work.

• Do you have any pre-existing injuries, meaning did you injure a part of your body in this accident that was previously injured in another accident? If so, the other side is going to argue that the previous accident caused this injury.

• Can you document your pain and suffering and can others testify as to how it impacted your life?  It is crucial to show the jury how the injuries have impacted your life.

• Does the jury like you and your other witnesses?  Yes, whether a jury likes you as a person impacts your credibility with the jury.  A jury that likes you is more likely to empathize with your situation.

• Jurisdiction/Venue

Where your case is filed can have an impact on how much your case is worth. The particular county where your lawsuit is filed has an impact on the value of your case.  Just as different counties vote differently in elections, juries in different counties can award different amounts of money for the same case.  Some juries are more conservative than others.  An experienced trial attorney will know the reputation of different counties and can advise you accordingly.  However, reputations can also be misleading.  In a case where I represented a woman against a large corporation for injuries she received as a result of the company’s product, we went to trial in what was considered to be a “conservative” jurisdiction.  In fact, the largest verdict in that county was for a baby who suffered brain damaged during delivery.  However, given the facts of our case and the conduct of the Defendant, the jury ultimately awarded a verdict that set a new record for the largest personal injury verdict in the county—by almost ten times more.  So while the past reputation of a particular county can be some predictor of what will be done in the future, there are exceptions to the rule.

• Judge

The particular judge you have in your case can also impact the value of your case even if a jury decides your case.  The judge is similar to a referee at a football game.  The judge decides what evidence the jury hears and their rulings will effect what the jury sees and hears

• Insurance/Assets

  Even if a jury renders a verdict in your favor and awards you damages, you still have to collect the money awarded.  If the responsible party has enough insurance to pay the verdict, this will not be a problem.  However, many times you will find the responsible party does not have sufficient insurance to pay the total value of your case.  Over 25% of the drivers in Mississippi have no insurance despite the fact that the law requires them to carry insurance.  When they have no insurance, then you need to look to your insurance policy to see if you have Uninsured motorist coverage as well as explore other avenues of recovery.  This is where an experienced attorney makes a difference.  There is nothing worse than successfully pursuing a case for a client only to find out that the defendant did not have enough insurance or assets to pay the judgment.

• Liens/Subrogation—while they don’t affect a case’s value, they do affect the amount you receive

When an insurance company or governmental entity pays your medical expenses, they are entitled to seek reimbursement for any amounts paid on your behalf from the party legally responsible the accident.  In the case of personal injury claims, there are certain liens or rights of subrogation you need to be aware of.

It is important that when attempting to settle your case, you are aware of all “liens” which exist.  If you settle without resolving any liens, you could be sued to recover the amounts paid on your behalf.   If you try to settle your claim on your own, you might find yourself walking into a legal minefield.  You need to have an understanding of the most common liens found in personal injury claims.

• Health Insurance Subrogation Claims

All major health insurance companies have a contractual right of subrogation. If the health insurance carrier pays your medical expenses as a result of an accident you were in, then it has a right to recover the amounts it paid from the other party responsible for your injuries.  So as opposed to having to pay your own medical bills, the insurance company merely loaned you the money and now gets to try to recover the money it paid out.  You will usually get a letter from the health insurance company informing you of their subrogation rights.  Do not ignore this letter.  Rather, if you have an attorney, give the attorney the letter so they can handle it.

• Workers’ Compensation Lien

This type of lien is a “statutory lien” in Mississippi.  By statute, the employer or workers compensation insurance company is subrogated to your rights for the amounts it paid on your behalf.  They can recover the amounts paid on your behalf from a third party responsible for your injuries.  And you cannot settle your case without their involvement.  A settlement reached without the approval of the Workers’ Compensation Commission or the Court, if a lawsuit is filed, can be voided. 

• Government Liens (V.A., Medicare, Medicaid)

The general rule is that if the government paid for any portion of your medical care, the government has a right to be reimbursed if you recover any money for your injuries from another person.  With recent changes in the law, these liens have become much more powerful.  For Medicaid liens, if you have notice of a lien on behalf of the Mississippi Division of Medicaid, you could be liable for twice the amount owed if you settle your claim without their involvement.  The same holds true for a Medicare lien except that the federal government enforces it.  Further, if a Medicaid lien is not paid within sixty days of settlement, interest may be charged on the amount owed.

Valuing a particular case requires experience and a lot of knowledge.  The insurance company of the other party will have it.  Unless this is your line of business, you will be at a serious disadvantage if you try to do this yourself. 

Further, various liens and rights of subrogation are a legal minefield for the uninformed.  That is why you should look to an experienced and knowledgeable personal injury attorney to guide you through this process, not one seeking a “quick settlement” before the facts of the case are known.