What’s it Worth? How Much Funding Can You Get?

An Overview of Case Value and Legal Funding

While “What’s my case worth?” might be one of the most common questions personal injury attorneys get, “How much can you approve me for?” is definitely our most common question at Uplift.

Because we can typically advance up to a percentage (10%–15%) of a conservatively estimated case value, the first question answers the second.

But how much is your case really worth? Your attorney might have told you that it was worth millions, but how can you really know?

This guide helps plaintiffs understand for themselves the intrinsic value of a general personal injury claim.

Who’s at Fault?

The first question is who’s at fault. If the incident was a car accident, it may be clear from the damage or a traffic accident report who will be found at fault.

With premises liability, fault can sometimes be a little less straightforward, which can affect the value of your case.

In premises liability cases, comparative negligence can reduce the value of your case by the percentage the plaintiff is found at fault for the incident.

For example, if your apartment roof caves in, it is unlikely you are to blame — you will very likely have a good case. However, if you are skateboarding in a public park and injure yourself, you might be found entirely at fault and have no case.

Damages

What treatment have you had? What treatment are you likely to need in the future? Second to liability, damages might be the most important factor in determining what you’re due.

Medical expenses incurred to date may be some of the easiest to quantify. Your attorney has likely kept good records of all bills relating to your care.

Slightly tougher to estimate is the cost of future medical care. For one, you have to estimate how long it might take you to recover.

Have your injuries improved? Will you need additional care? If so, it is important to include estimated future medical expenses. Talk to your doctor about the optimal treatment plan for your injuries.

Remember, your compensation will likely be a one-time payment. If you are expected to require additional care, it’s important that these figures are reflected in your settlement.

Lost Wages

Medical damages are just one piece of the pie. If you’re injured and unable to work, including lost wages is of the utmost importance.

What was your yearly pay? What is it now? Calculate the difference and project it into the future, accounting for inflation.

Have you recovered partially and returned to work? If you’re likely to miss work for future treatment, those lost wages should be included here.

Pain and Suffering

Pain and suffering is one of the tougher items to calculate directly. This concept attempts to capture the rest of your damages, aside from lost wages and medical expenses.

Do you have post-traumatic stress from your incident? Do you have ongoing pain? Has your accident caused you to give up hobbies or activities you love?

Pain and suffering can account for a substantial portion of your case value, especially in cases involving loss of consortium.

What Part Does My Attorney Play?

This calculation of case value is based on the intrinsic value of your damages and does not take into account local courtroom dynamics.

While most cases settle well before trial, the expected value and cost of trial are considered by both sides.

This means that even though your injury case is unlikely to go to trial, the local courtroom and population demographics play a huge role in your settlement.

A good injury attorney should have a decent idea of settlements and verdicts in your locale.

Insurance and Negotiated Settlements

Now that you have an idea of what you’re due, it must be compared to what the other side can pay. A large insurance policy can make all the difference in your recovery.

Most commercial buildings and vehicles have $500,000+ in coverage. Certain vehicles and premises have substantially more.

The maximum you can reliably recover in a personal injury claim is the policy limit. Note, however, that in certain cases, as with umbrella coverage, there could be a recovery in excess of standard limits.

Uplift Legal Funding

Uplift Legal Funding provides pre-settlement funding for a wide variety of personal injury cases. We welcome the opportunity to help clients get funding quickly and at reasonable rates.

Apply online or give us a call anytime at (800) 385-3660 to learn more.