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Personal Injury

Why Lawyers Never Say How Much A Case Is Worth

Video Transcript


Speakers: Kevin L. Edwards and Pedro “Peter” de la Cerda


Why Lawyers Never Say How Much A Case Is Worth


Peter: We get asked by our clients: “Why won’t an attorney ever tell us how much my case is worth?”


Kevin: First of all, we as personal injury lawyers, we cannot make a guarantee as to how much a case is worth. As we continue to develop our damage model [along with] the litigation of that case, [omitted] [and as] our clients [omitted] go [for] medical treatment, we’ll gather those medical bills, we’ll gather those medical records, and as those bills continue to mount, we will continue to build that damage model.


What Other Factors Determine the Worth Of a Case?


Kevin: There are other things that we have to consider like lost wages [and] loss of earning capacity. Sometimes, there’s a claim for loss of consortium, which may [involve] a family member [who] will be entitled to compensation. There is pain and suffering, there’s mental anguish, there is disfigurement. There are many things that go into a damage model. And so, we are always continually building that model in anticipation of taking that case to trial.


How Does Insurance Come Into Play While Determining the Settlement Amount?


Kevin: Now at some point, we may be able to then go to the insurance company and say, “Hey, here’s our damage model, here’s our demand.” And then at that point, we can then start negotiating with the insurance company to get the true value of your case — well, what they believe to be the true value of your case, [and] what we believe to be the [omitted] true value of your case. And if we cannot come to some sort of resolution, we can then escalate it and take it on to trial and then put it in the hands of a jury to make that final determination as to what’s your personal injury case is worth.

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