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There is no set formula for determining the value of a personal injury case. Just like a snowflake, no two cases are the same. How then do attorneys, insurance companies, and juries can place a dollar amount on an injury that has no exact market value? Unlike in real estate and cars, there are no generally accepted appraised values for a broken leg, an injured back, or a facial scar. The value of an injury is determined by numerous factors, each one of which is unique to the particular case.
First, there must be an assessment that a party is legally liable for an injury and that negligence exists. This element is based upon statutes and case law which impose legal duties on people and businesses. For example, the drive of a car has a legal duty to observe the car driving in front of him and maintain enough distance from that car to stop his vehicle in a safe manner without causing a collision. Also, a business has a legal duty to its custome
