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Factors that Affect Case Value

As your NJ personal injury lawyer will tell you, many factors are involved in the value of your personal injury case. It is important to understand what the case value is so that you may properly evaluate a settlement offer once it is presented.

Among the most important factors that affect your case value are:

1. Liability

Of course, the ultimate question is, how strong is your case? If the defendant is liable for your damages, the nature of the case is irrelevant. Whether products liability, a slip and fall, an auto accident or any other case, the issue a NJ personal injury lawyer will initially focus on is the defendant’s negligence.

Should the defendant’s liability be crystal clear, the value of your case, and, therefore a settlement amount, is correspondingly at the high end of the spectrum.

Similarly, if liability is less than clear-cut, you should be aware of the realities. If the liability is on the weak side and your chance of prevailing seems to be 50/50 or less, it is clear the value of your case has been significantly reduced.

2. Comparative negligence

If any action by you in any way, manner or form, can be attributed to the cause of the accident/incident that resulted in your claim, the issue of comparative negligence may reduce your recovery. The legal standard is that should your actions have played a role in your injuries, your recovery will be reduced in proportion to that negligent behavior. The reality is that a jury may decide that if the plaintiff is even minimally responsible, there should be no recovery.

What you can do

Understand that comparative negligence will be raised by the defendant in all but the most clear-cut cases. Realize that if your negligence approaches 50% of that of the defendant, you are in a weak position and should your case result in a trial, you may lose.

It is in your best interests to explore your options with a NJ personal injury lawyer. Gerald Clark understands the issues that will impact your life. Mr. Clark offers a complimentary, no-obligation consultation. Call (877) 841-8855 today.

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