What Is My Personal Injury Case Worth? A Complete Guide
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By far the most common question we hear from people who come to see us after a serious injury is also one of the hardest to answer quickly: “What is my personal injury case worth?” It’s the thing everyone wants to know — because without some sense of the answer, you can’t really tell whether a case is even worth pursuing.
Here’s the honest truth: there is no simple, one-size-fits-all number, and the biggest misconception is that an injury carries a standard, fixed value. It doesn’t. Valuing a case is a step-by-step analysis, and this guide walks through each step. Use it as a map — each section below links to a deeper article on that piece.
Step 1: Is there coverage — and can it be collected?
Before anything else, we look at how much insurance coverage is available and whether the at-fault party has assets worth pursuing beyond it. As harsh as it sounds, a severe injury caused by someone with a minimal policy and no assets may be limited to that policy. This is the first thing that can cap a case, which is why we start here.
Part of the series: “What Is My Personal Injury Case Worth? A Complete Guide.” See: “Coverage and Collectibility: The First Thing That Limits Your Case.”
Step 2: What kind of case is it? (Do any caps apply?)
The legal category of your case can change everything. A workers’ compensation case is calculated by statute and excludes pain and suffering. Cases against government entities and medical malpractice cases carry their own damage caps. Most other cases have no cap at all.
Part of the series: “What Is My Personal Injury Case Worth? A Complete Guide.” See: “Damage Caps in Nebraska: How the Type of Case Changes What You Can Recover.”
Step 3: Were you injured at work by someone else?
If you were hurt on the job but a third party caused it, you may actually have two separate cases — a workers’ compensation claim and a third-party injury claim — which interact in important ways. Handled well, that can mean a larger overall recovery.
Part of the series: “What Is My Personal Injury Case Worth? A Complete Guide.” See: “Injured at Work by Someone Else? You May Have Two Cases.”
Step 4: How are the damages actually calculated?
For cases that go to a jury, Nebraska measures damages using a specific jury instruction that splits them into economic damages (things you can calculate to the penny) and non-economic damages (pain, suffering, loss of enjoyment, and more). The same injury can be worth very different amounts depending on whose life it disrupts.
Part of the series: “What Is My Personal Injury Case Worth? A Complete Guide.” See: “How Injury Damages Are Calculated: Economic vs. Non-Economic Damages.”
Step 5: Don’t overlook loss of consortium
If you’re married and your injury has affected your marriage, your spouse may have a separate legal claim of their own — one many people, and even some attorneys, overlook.
Part of the series: “What Is My Personal Injury Case Worth? A Complete Guide.” See: “Loss of Consortium: Your Spouse’s Separate Claim.”
And finally: don’t take the insurance company’s word for it
Once you understand how a case is really valued, you’ll see why the number an insurance adjuster quotes you early on is so often far too low. Their job is to protect their bottom line, not to be fair to you.
Part of the series: “What Is My Personal Injury Case Worth? A Complete Guide.” See: “Don’t Just Trust the Insurance Company’s Number.”
Want a straight answer about your case?
If you’ve been injured and want an honest, step-by-step assessment of what your case may be worth, the attorneys at High & Younes will walk through all of this with you. Consultations are free, and we commonly work on a contingency fee — no upfront cost to you.
Call or text us today at 402-933-3345.
A great way to reach us!
