Determining the value of NC personal injury settlements really depends on your case, because determining the value of your personal injury case really depends on you and your case. In evaluating a personal injury case, I am really trying to get a sense of what a jury would award on your case. Many of my clients think that NC personal injury settlements for a whiplash claim or broken arm or torn rotator cuff, etc. have a specific value or formula (probably based on pages like this, which are not accurate for NC personal injury settlements), and that a jury would bring consistent verdicts for similar injuries. They really do not. The value of those injuries really varies based on you and your case.
Some considerations that go into the value of NC personal injury settlements are: what counties can your case be litigated in (some parts of our State have more favorable jury pools)? How much damage was there to your vehicle (will a juror have any doubt about the genuineness of your injury)? How fast were the vehicles moving at the time of the collision (again, will there be doubt to a juror about the cause of your injury)? Did your airbag deploy? How many prior injuries and claims you have had (jurors often give less money when your injuries are similar to pre-existing injuries)? What kind of criminal record do you have, what kind of occupation do you have, how many young children do you have? How did your recovery go? Did you heal quickly, or did you need a lot of medical treatment? What kind of medical treatment did you receive (physical therapy, orthopedic, chiropractic, massage therapy, acupuncture, etc.)? Does your primary care doctor think you will suffer pain, suffering or medical expenses in the future? Who is the defendant (or at-fault driver)? What is the defendant’s driving record, criminal record, occupation, etc.?
After considering all of the variables, I then evaluate our NC personal injury settlements based on (1) jury verdicts that I can locate around the State of North Carolina for similar cases and (2) my experience with prior clients with similar cases. There is no perfect evaluation or super precise way to know what a jury would award. It is just an educated guess by your attorney as to what value a typical jury would place on your case.
If you have any questions about valuing your NC Personal Injury Case, please feel free to call us to talk to one of our attorneys for a free evaluation of your case. You can reach us toll-free at (888) 820-5885, or you can contact the Durham personal injury lawyer Tom Kreger directly at kreger@kregerthacker.com or at (919) 200-6630. We are happy to provide you with an evaluation over the phone or via email.
