New York personal injury lawyer
Why is your case worth only $250,000 and your neighbor's case is worth $500,000?
- Friday, 31 January 2020
- Written by John Riddle
Today's topic is "Why is your case worth only two hundred and fifty thousand dollars and your neighbor's case is worth five hundred thousand dollars?"
Well, by the time, we're done with this short article. We are going to give you a number of reasons "Why your case has a different value than your neighbors".
Number one. The venue where your case is pending is crucial in determining the value of your particular case.
Whether your case is pending in the Bronx or in upstate Albany makes a huge difference. The venue is where your case is pending and the locality is crucial in determining most of your value, which brings me to tip number two: the jury.
The law says we're entitled to a jury of one's peers to try and listen to our case. However, does that mean that if you're a thirty five year old woman that you are entitled to have six females on your jury who are thirty five years old listening and deciding your case?
The reality is no. Does that mean if you're a physician who's been sued that you are entitled to have six doctors, six colleagues of yours sitting on the jury deciding your fate? Again, the reality is no.
So, who is it that's making up our jury pool in each of the counties that we participate in as a juror?
Well, jurors come from all over the county, from all over the state and they are made up of different ages, races, ethnicity and people have different values and different feelings so the value of people who are in Brooklyn made be different than people's morals and values in an upstate county.
In Manhattan they may be different than in Queens.
And so the value and the makeup, how a jury pool consists and who its comprised of is very important as to whether or not your case has a particular value.
Number three, what is the age of the person who has been injured, how old are you?
And why is that important? It's important because a person's age is significant for determining how long you may have to live with your disability and your injury. Someone who is thirty years old may have a lifelong injury for the next forty, fifty years. Someone who is eighty years old and suffers a fractured hand may have a different expectation of how the injury is going to affect them.
How your disability affects you is crucial in determining part of the value of your case. Because your injuries may be totally different than your neighbors and your disability and how it's affecting you may also be totally different.
Can you do the things that you used to be able to do? Well, maybe your neighbor can't and you can. And that's going to affect the value of your particular case and this is crucial when you go to an attorney that you tell your attorney specifically how your injuries have affected you and this is crucial to distinguishing your case from anybody else's case because your injuries and your age may affect how you function on a day to day basis whereas your neighbor may be much worse off than you are. That's why her case is significantly higher value than your case.
Next, do you need ongoing medical care?
Are your injuries so bad that you require ongoing treatment on a daily, weekly, or monthly basis? Well.guess what, your neighbor may require that ongoing monthly care or that continued medical care.
What about the future? Will she need surgery, will you need surgery in the future?
If you don't need surgery and your neighbor probably will then again the value or her potential case is significantly more than your injures.
What about lost earnings? Let's say, you were out of work for a few days but it turns out that your neighbor was out of work for a few months.
This is another factor that’s going to impact the value of your particular case and hers as well so that if she was earning let's say a hundred thousand dollars a year and she was out of work for a few months you can calculate and you can get an expert an economist. Somebody who can calculate the value of a dollar today and what's it’s going to be worth in the future and they can look at what you were earning and figure out obviously how much
you lost not just in the past but also project into the future so that you can calculate and estimate - how much money you will have lost in the future because of your injuries or your neighbor's injuries.
Now, is a fractured arm for somebody who does sedentary work the same value as let's say a professional baseball player from the Yankee's who suffers a fractured arm? Well, if they're earning five million dollars a year and they can't play, your know, for two months out of their career that's a significant imposition and they're going to have much higher lost earnings than somebody who's not earning as much and working at mostly a sedentary job.
What if your hand that was fractured is it a dominant hand or a non dominant hand? That's important because if it’s your dominant hand, you have limited your ability to do most of your daily functions but if it’s your non dominant hand than the value is going to be less than if it was your dominant hand.
So maybe your injuries involve your non dominant hand whereas your neighbor’s case involved her dominant hand and that may account for another reason why the value of her case is significantly more than yours.
And do you need ongoing treatment in the future which goes back to another point I just made. If you don't need any further treatment and you're pretty much doing well after your injuries and after your treatment that’s great. But that is going to limit the value of your case as far as the future.
Your neighbor, however, may have more significant injuries and may need ongoing treatment in the future and that's certainly going to account for one of the reasons why her case is valued higher than yours.
And that's it for today's topic.