Do I Have a Case?

Unfortunately, this simple question does not have a simple answer. Each case is different and the value of a given case is dependent on its specific facts.

In a nutshell, the value of any legal claim is dependent on two factors: liability on the part of the other party and damages.

As for liability, the foundation of our legal system is based on the principle that a person is entitled to recover for any damages he has suffered as a result of the negligence of another. If negligence can be established, a recovery may be made.

Negligence alone, however, is not enough. In order to be entitled to a recovery one must also show that he has been damaged as a result of the negligence.

The question of the value of a claim can also be affected by the legal principle known as "comparative negligence." The principle of comparative negligence recognizes that an incident may not totally be the fault of one party or the other. It may have been caused as a result of the negligence of both parties. In these situations, it is necessary to determine what percentage of negligence, or fault, is attributable to each party. The law generally provides that the damages incurred by a party are to be reduced by the percentage of negligence attributable to that party.

As for damages, there are generally two types: Actual Damages and Punitive Damages.

A variety of elements go into an actual damage claim. These include an amount of money to compensate a party for property damage, actual wage loss, medical expense, related out of pocket costs, as well as future projected wage loss and medical expenses.

In addition to these economic actual damages, there is the ability to recover actual damages to compensate a party for permanent physical impairment as well as the past, present and future pain and suffering caused by the incident.

While "Actual" Damages are to compensate a party for actual loss, "Punitive" Damages are designed to punish the other party for grossly improper conduct. Often, virtually intentional conduct is required in order to justify an award of punitive damages.

In order to determine what your case is worth, it is necessary to fully evaluate every aspect of the situation. As you can see, each case is different and there is no uniform answer to this question.

Having said that, an individual has the ability to begin to evaluate their direct economic loss. Based on certain assumptions and information given, a projection of economic loss can be provided. In this regard our firm has an arrangement with national forensic economics firm Frankenfeld Associates Interactive, and you can create a confidential on-line analytical report by accessing "What Is Your Case Worth?"

Please be aware that the economic analysis services provided by Frankenfeld Associates Interactive are designed generally for cases that have substantial physical and economic damage warranting the testimony of an economist.

For those cases that may not be as serious or involved, the same general rules apply, however, the economic analysis provided by Frankenfeld Associates Interactive may not be appropriate.

Please contact our office to discuss the facts of your situation in more detail.