There is no set formula for determining the value of a case.  Oregon law permits an injured person to recover two categories of losses—which the law calls damages—economic and noneconomic.

Economic Damages Are Mostly Objective

Economic damages are hard costs that can be objectively verified.  They are relatively easy to determine and include:

• past, present and future medical bills;
• wage loss;
• loss of earning potential; and
• other out-of-pocket expenses.

If you were in a car, motorcycle or bike accident, economic damages also include repair or replacement costs. 

Noneconomic Damages Are Mostly Subjective

Noneconomic damages are much more subjective and subject to interpretation.  The law says that noneconomic damages consist of pain, mental suffering, emotional distress, humiliation, “any inconvenience and interference with your normal and usual activities,” injury to reputation, and “any other subjective, nonmonetary losses.”

Among the factors to be considered in an award of noneconomic damage are:

• the nature and extent of your injuries;
• whether you had a full recovery or sustained a permanent injury;
• the amount and duration of your medical treatment; and
• how the injuries have affected your day-to-day activities.

Ultimately, the question is what a jury would do after a trial on the merits.

Appearance of the Plaintiff Is Critically Important

One of the most important factors is what kind of impression the plaintiff—the injured person—makes on a jury.  Is the plaintiff seen as a credible, responsible person that has taken an active role in his or her medical care, followed the advice of all the doctors, and done everything possible to get better?  Or is the plaintiff seen as someone that has not tried diligently to get better, missed a lot of doctor appointments, and/or exaggerated their symptoms?  If the plaintiff falls in the latter category, is perceived as a complainer, or is generally not likeable, it can have a devastating impact on an otherwise solid case.

Appearance of the Defendant Also Matters

Another important factor is the kind of impression that the defendant makes on the jury.  Legally, it doesn’t make a bit of difference.  But as a practical matter, it can make a big difference.  Consider a car accident in which the defendant is a wealthy businessman that is late for a meeting and runs a red light.  At trial, he is dressed in an expensive Italian suit, gives evasive answers, and comes across as an arrogant jerk.

Contrast that defendant with a little old lady on a fixed income that is on her way to church.  Perhaps she is momentarily confused by traffic and inadvertently goes through a red light.  Same plaintiff; legally it should not matter, but the impression of the defendant can make a big difference.

The value of your case is based on weighing all of these factors.  Every case is unique.  Nevertheless, Kline Law Offices P.C. can give you a good idea of what your case is worth by considering what juries have done in similar cases and relying on its experience in handling hundreds of cases.

Call Kline Law Offices P.C. for a free consultation, or use our confidential free case evaluation email form.