One of the most common questions that clients ask us is what their case is worth. While the exact dollar amount varies from client to client because no two accidents are exactly alike, there are some general principles that apply to determining the worth of a client’s case.
The easiest way to think about what your case is worth is to remember that your case is worth the sum total of everything that you are entitled to under Mississippi Law. The law specifies what kinds of damages (medical expenses, lost wages, pain and suffering, property damage, and the like) can be recovered and by whom, for different types of accidents and different types of claims. When you speak with an attorney about your accident, they will explain which laws apply to your case and describe the types of recovery that you may pursue. That discussion will likely lead to an estimate of what you may be able to recover. Your attorney’s estimate is also likely to take into consideration the potential value that a jury would consider awarding to you given the facts of your case, as well as any factors affecting value which are related to the specific Court in which the case will be brought.
It is important that all clients remember that their ability to recover on their claim rests squarely on their ability (or their lawyer’s ability, once they are represented by counsel) to prove the relevant facts. Accident cases are based upon negligence, and claims of negligence have four parts, each of which must be proven – duty, breach, causation, and damages. Your lawyer will collect information (evidence) that tends to prove that the defendant had some type of duty to you, that their action or inaction which caused your injuries and damages was a breach of that duty, that the defendant’s action or inaction in breaching their duty to you caused you to suffer the injuries and damages that you have incurred, and what, exactly, those damages are.
While we are discussing the topic of the value of your case, it is important that we let you know that consulting with an attorney is the very best way to get an accurate assessment of what your case is worth. Many accident victims settle for far less than their cases are worth, because they do not consult with an attorney to ascertain the true value of their case before accepting a settlement offer that has been sent to them by the insurance company. This is unfortunate, because in doing so they allow the insurance company, whose interest is in settling the claim as quickly as possible and for as little money as possible, to dictate the value of their claim. Sometimes, people even accept settlement offers before they are aware of the full extent of the injuries and damages that they have suffered. We would like to remind you that you are under no obligation to accept any settlement offer that you have received. When you receive a settlement offer, take it to an attorney so that they can help you evaluate it thoroughly so that you may decline it and pursue a more appropriate settlement that will adequately compensate you for the injuries and damages that you have sustained.
Giddens Law Firm, P.A.: Serving Clients throughout Mississippi
If you would like to learn more about whether the Mississippi Personal Injury Attorneys at the Giddens Law Firm, P.A. are a good fit for you and your current legal matter please call our office today, at (601) 355-2022.