Why does an injury case value remain a range?
An injury case value is usually expressed as a range because the outcome depends on decisions that have not yet been made. Even after the evidence is developed, reasonable people may assess disputed testimony differently. A settlement also reflects the parties' willingness to resolve those risks without a trial.
A useful case evaluation explains the evidence behind the number and helps you make an informed decision. You should be able to ask what supports the range, what could change it and how an offer compares with the available alternatives. That conversation is more meaningful than an exact figure presented without an explanation of its assumptions.
Distinguish missing information from unavoidable uncertainty
Some uncertainty can be reduced through investigation. A witness can be interviewed, a policy can be obtained or a physician can explain a prognosis. Those steps give the evaluation a stronger foundation. Discovery is the litigation process through which the parties exchange information and develop the evidence needed to address disputed issues.
Other uncertainty remains even after that work is complete. A jury may credit one account over another or place a different value on a lasting limitation. A lawyer can assess those possibilities but cannot guarantee the decision of a future factfinder.
It helps to separate these two categories. If an important record is still missing, we should identify it and explain why it matters. If the evidence is complete but genuinely disputed, the discussion should address the risk rather than suggest that another arbitrary period of waiting will produce certainty.
Evaluate what can be proved
A fact that appears clear to the client may still be challenged. It also may need a witness or another proper foundation before it can be presented as evidence. The work of developing a case includes identifying how the important facts will be established.
For example, a person may know that a physical task became difficult after the accident. The legal presentation may require the client's account together with medical evidence explaining the connection. A photograph may be useful, but someone may need to identify when and where it was taken.
That is why the number of documents in a file does not necessarily measure the strength of the proof. I am looking for the pieces needed to explain the event and the injury coherently. Once those pieces are assembled, the injury case value can be discussed with a much clearer understanding of what a jury would actually hear.
Keep damages and available recovery separate
The seriousness of an injury is central to damages, but it is not the only consideration in a settlement evaluation. Liability must be established, and shared fault may affect the result. Applicable legal thresholds may also need to be addressed in particular types of cases.
Insurance and collectability present another set of questions. A damages assessment can be greater than the available coverage. Additional policies or responsible parties may be relevant, but they should be investigated rather than assumed. A judgment and the ability to collect it are related but different matters.
The client should understand which issue is influencing a recommendation. An offer constrained by available coverage is not necessarily a statement that the injury is minor. Explaining that distinction helps make the discussion candid and avoids reducing the person's experience to a policy limit.
Compare the offer with the likely net result
An offer's face amount is not necessarily what the client receives. Attorney's fees, case expenses and valid reimbursement obligations may affect the net recovery. Those items should be reviewed as accurately as possible before a final decision.
Further litigation may also involve additional expense and time. That does not mean a client should accept an inadequate offer to avoid the process. It means the alternatives should be compared fairly. The expected benefits of continuing should be discussed alongside the unresolved risks and costs.
I would want the client to see the basis for the recommendation and have an opportunity to ask questions. If an item remains uncertain, it should be identified as an estimate. A useful settlement discussion does not hide an unresolved lien or rely on a net figure that has not been examined.
Revisit the assessment when the evidence changes
A revised evaluation should come with an explanation. A new medical opinion may clarify the expected duration of an injury. Testimony may resolve an important liability question. A coverage investigation may identify an additional source of recovery.
Those developments can justify changing a range. The important point is to connect the change to the evidence rather than present a new number without context. The client should understand what we learned and how it affects the available choices.
The same approach applies when evidence presents a difficulty. A candid explanation gives the client a chance to consider it intelligently. Advocacy and candor work together: a lawyer can pursue the strongest supported case while explaining the issues that may influence its outcome.
You make the settlement decision. My role is to provide a reasoned recommendation based on the developed record and the alternatives. An injury case value does not have to be an exact prediction to be useful. It needs to be a well-supported evaluation that helps you decide what is appropriate for your circumstances.
Sources and Further Reading
About Michael B. Fusco
Michael B. Fusco is a New Jersey personal injury attorney certified by the Supreme Court of New Jersey as a Civil Trial Attorney. Read Mike’s biography and credentials.
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General Information
This article provides general information, not legal advice for a particular situation. Laws and policy terms must be applied to the actual facts. Reading this article or contacting the firm does not, by itself, create an attorney-client relationship.