How much is my personal injury case worth?
In a civil, personal injury lawsuit, the value of the claim is ultimately determined by a jury. A jury may award an injured person any amount they see fit to compensate for medical costs, lost earnings, pain and suffering, disability, disfigurement, including such future losses and damages over the life of the injured person. In some instances, the recklessness or inflammatory nature of the conduct that caused the injury may cause a jury to increase their award.
At the beginning of any case, it is almost impossible to determine its value. Usually, the full extent and effects of the injury and the total costs of medical treatment are not known at the outset of a case. Obviously, the more serious and costly the injury, the higher the value of the claim. In most instances, to estimate the value of a case, we compare the facts of the case to similar cases we have handled, and to the settlement and verdict amounts of other similar cases in the St. Louis area.
At the time when all medical treatment is complete, and all factors that go into determining the value of the case are known, we compile all supporting documents and evidence, and create a "Settlement Package." The Settlement Package outlines the facts giving rise to the claim and itemizes all of the injuries and damages incurred by the client. The Settlement Package also suggests a reasonable settlement amount based upon all of the facts of the case, and taking into consideration other factors such as where a law suit may be filed, juror attitudes toward similar cases, amount of insurance coverage, etc. The Settlement Package is reviewed by the client, who is asked to provide their comments and input. When the client is satisfied with the form of the Settlement Package, it is forwarded to the responsible party with a request for settlement.
For reports of recent out-of-court settlements and trial results occurring in Missouri courts, see the Case Reports at the bottom of this page.*
How much is my workers' compensation case worth?
Unlike personal injury claims in civil court, the value of workers' compensation claims is set by Missouri state law (i.e. statutes). The biggest differences between the value of a civil personal injury claim and a workers' compensation claim, is that there is no recovery for pain and suffering under workers' compensation law, and the case is decided by a judge, not a jury. There are three basic categories of recovery under Missouri workers' compensation law:
1. Payment for medical treatment - Missouri law requires the employer to pay for all necessary medical treatment caused by a work-related injury. Under Missouri law, the employer is allowed to choose the doctor and/or other providers of medical treatment.
2. Payment for time missed from work - Called temporary total disability (TTD), the amount of this benefit is calculated based upon the amount of the employees' weekly earnings. Weekly TTD benefits are 66 % of the employee's average weekly pay, up to a state maximum.
3. Payment for permanent disability, either partial or total disability - Disability payments are based on the percentage of permanent disability to the part of the body injured. Missouri law assigns a value (in weeks) to each part of the body. For a simple example, the wrist and hand is assigned a value of 175 weeks. If there is a 25% disability to the hand, that disability is valued at 43.75 weeks (175 x .25). However, there are many exceptions and complexities involved in calculating the value of permanent disability.
Our effort initially focuses on compelling the employer to provide appropriate medical care and payment of all benefits for time missed from work. After treatment is completed, we seek to obtain the most realistic assessment of permanent disability in order to maximize the amount of permanent disability payments to our clients.
Contact Donald D. Heck, LLC today to speak with a knowledgeable Missouri lawyer.
Donald D. Heck, LLC
Toll free: 866-575-3313
Locally: 636-552-4298
*Case Reports
•1. Husband and wife recover $110,000.00 for injuries caused by dog attack. Jackson County, Mo. (April 2009)
•2. St. Louis County motorcyclist hit by dump truck settles claim for $1,900,000.00 before filing suit. St. Louis, Mo. (February 2009)
•3. Jury finds doctors not responsible for man's death following ankle surgery. Boone County, Mo. (February 2009)
•4. St. Louis federal judge Perry awards $695,000.00 to woman injured in head-on collision. St. Louis, Mo. (May 2009)
•5. St. Louis jury denied injury claim of St. Louis police officer involved in car collision while on duty. St. Louis, Mo. (May 2009)
•6. Truck driver injured in accident with another truck settles his claim for $5,000,000.00. Livingston County, Mo. (May 2009)
•7. St. Louis woman's claim for back injury denied by St. Louis jury, even though the defendant admitted fault for collision. St. Louis, Mo. (May 2009)
•8. School District pays $3,000,000.00 for head injury to injured football player. Jackson County, Mo. (April 2009)
•9. Woman injured in cross-over accident recovers $212,000.00 from other driver. Polk County, Mo. (April 2009)
