The value of a case / El valor de un caso

We are often asked by our client’s what their case is “worth.” The “value” of a case is almost always viewed in terms of monetary value. For instance, we are often asked to estimate the value of our client’s case in terms of its cash value. If someone’s leg is broken in a car accident, or at work, they want to know how much compensation they will receive. Or, most bluntly, “how much is a broken leg worth?”

Broken bones, or any injury, have no “market value.” Some injuries heal quickly, some never heal. Some injuries are painful. Some injuries make little or no impact on a person’s activities of daily living. Determining the “value” of an injury is not determined by any single factor or any set formula.

Determining whether to pursue a claim is an intensely personal decision. Not everyone wishes to pursue litigation. Sociologist David Engel calls it “lumping it” when a person is injured but doesn’t wish to pursue a claim. In fact, Professor Engel in his Book “The Myth of the Litigious Society-Why We Don’t sue” reveals that the vast majority of Americans choose not to pursue litigation, even when they have a valid claim. (See Myth of the Litigious Society/Why We Don’t Sue David M. Engel. The University of Chicago Press)

This is a fascinating American phenomenon. The right to a trial, the right to redress in a court, is foundational to our constitutional form of government. Yet, Americans seem reluctant to exercise the rights our founders took great pains and lengths to preserve and bestow on us.

This brings us back to the value of a case. A cases value does not lie exclusively in its monetary value. A case also derives important value from the social benefit it brings to society. When a negligence action is pursued, it is an action to call individuals, or corporations to account. When a negligent, or reckless party is held to account not only is justice served between parties but society as a whole benefit. Meritorious litigation promotes the American ideals of responsibility and accountability. A lawsuit represents values (ideals) in addition to the relative pecuniary issues attendant to the individual litigants. The purpose of litigation is to advance and promote responsibility and accountability. Cases have value because our system of justice is designed to promote and protect values.

Our system of justice also efficiently and fairly eliminates frivolous or meritless claims. As a firm, we participate in this process by being very candid with our clients on the merits of their cases. Some cases we handle have immense financial and social values. Some of our cases have more modest financial value but immense social value. Sometimes we are presented with facts which we believe present no basis for litigation. We pride ourselves on fighting good fights for good reasons. Those are our values. We use our values to assist our clients in determining the value of a case.

If you’ve been hurt; If you’ve been mistreated at work; if you feel you have been wronged and are unsure if you have a claim, we would be happy to discuss your options with you. If you have a case, we will tell you. If in our opinion, you don’t have a case, we will tell you that, too. The first step in determining the value of your claim is to talk to a lawyer. If you choose to do so, we are happy to help.