One of the most common questions we hear from clients at Hurt911 Injury Law is:
How much is my case worth?
The short answer? It depends.
A case’s value is determined by multiple factors, many of which are unclear at the outset of a claim. In personal injury law, compensation is meant to restore an injured victim to their
position if the accident had not occurred. That means a judge, jury, or insurance company will consider several key factors when assessing your claim.
Rather than providing speculative numbers early on, we assess cases based on four essential factors, which typically become clearer two to three years after the accident. Let’s break them down.
A key factor in determining case value is the severity and progression of your injuries.
- Have your injuries improved, worsened, or plateaued?
- Have they impacted your work, daily activities, and recreational life?
- Are the injuries permanent?
Generally, if symptoms persist beyond two years post-accident, the injury may be classified as permanent. The more severe and long-lasting the impact, the higher the
potential case value.
In personal injury cases, functional impairment matters more than the type of injury itself. Courts assess how an accident has affected a person’s ability to function before vs. after the accident.
- Has your ability to perform daily tasks significantly decreased?
- Are you struggling to complete work duties you once managed easily?
- Have you lost independence in any way?
A case's strength is built on demonstrating the difference in a client’s pre- and post-accident life.
Financial losses can significantly influence your case’s value. Key considerations include:
- Have you missed work due to your injuries?
- Did you need to change careers or work fewer hours?
- Have you lost promotional opportunities or earning potential?
A strong claim requires demonstrating how the accident affected your income and career
trajectory.
A client’s actions can strengthen or weaken a case. Here’s how you can maximize your
claim:
- Document Everything: Visit your doctor regularly and report your symptoms
consistently.
- Attend Treatment: Physiotherapy, chiropractic care, and other treatments provide
documented proof of injury.
- Communicate with Your Lawyer: Promptly respond to questions and provide necessary
documents.
Pro Tip: A thorough medical treatment file strengthens your case. The insurance company will question whether you’re truly injured if you're not attending treatment. This is especially critical for injuries like concussions or soft tissue damage, which may not appear on imaging scans.
The full scope of your case’s value typically becomes clear around the 2-3 year mark post-accident, when the long-term impact of your injuries is better understood.
If you’ve been injured in an accident and want an expert legal opinion, contact us at HURT911 Injury Law. We’ll help you navigate the legal process and fight for the compensation you deserve.
Call us today at 1-855-HURT911 or Visit us at HURT911.ca
This article is for general informational purposes only and should not be considered legal advice. Every personal injury case is unique, and outcomes depend on the specific facts and circumstances. Reading this article does not create a lawyer-client relationship. If you have been injured and need legal advice, please contact a qualified personal injury lawyer to discuss your case.