One of the most frequently-asked questions we receive is “how much is my case is worth?” Though every potential client would enjoy a simple numerical value or range, this question is almost impossible to answer easily. There are countless variables relevant to determining the value of a case, and many of these do not become apparent until the case is already moving along. Despite these limitations to providing concrete answers, certain variables are important in assessing the quality of a case.
By Joseph Caprara of CBLAW posted in Damages on Monday, July 23, 2012.
One of the most frequently-asked questions we receive is “how much is my case is worth?” Though every potential client would enjoy a simple numerical value or range, this question is almost impossible to answer easily. There are countless variables relevant to determining the value of a case, and many of these do not become apparent until the case is already moving along. Despite these limitations to providing concrete answers, certain variables are important in assessing the quality of a case.
Liability: To receive compensation for damages as a result of an accident, an individual must prove who was at fault for the accident. If someone else is liable for your injuries through negligence, recklessness, or misconduct, you may be entitled to compensation for the resulting injury or damages. There are some instances, though, when an individual is entitled to compensation even if they are partly at fault.
Evidence: Liability is proven through evidence. The quality of evidence, such as police reports, witness statements, medical documents, and physical evidence, is integral in proving who is at fault for an accident.
Injuries: The value of monetary compensation an individual receives is heavily determined by the extent of their injuries. This is determined by the combined costs of current and future pain and suffering, current and projected medical bills, lost wages and the loss of earning capacity. In Ontario, under the No-fault insurance system, compensation for pain and suffering is subject to a $30,000.00 deductible, unless optional insurance was purchased, and a verbal threshold.
Additional Factors: There are many other important factors that are relevant to a case’s value, including the laws of the province, interaction with other legislation (i.e. WSIB, CPP, etc.) the limits on awards that each court system can establish, and the quality of legal representation obtained.
Even with a very good case, it is important to have high quality legal representation to navigate through this complicated process and ensure the best result possible. At CAPRARA BARRISTERS we take many injury claims to trial. If you would like to learn more, feel free to call us and speak to a member of our trauma trial lawyers.
Joseph Caprara