Personal Injury Case Value: Gross Damages and Net Recovery

A case can have supported damages that exceed the amount realistically recoverable. An overall valuation should consider the injury evidence, legal responsibility, available coverage or assets, and the items affecting the client’s net recovery.

Start with supported losses

Organize current expenses, income loss, future needs, and legally recoverable noneconomic harm. Identify the evidence for each amount and the uncertainty in any projection. A diagnosis, bill total, or online average is not a complete valuation.

Separate temporary restrictions from supported long-term effects. Treatment and prognosis may develop over time, so an early estimate should explain what remains unknown rather than present a fixed number as established.

Assess liability and collectibility

The strength of fault and causation evidence affects the evaluation. Applicable legal thresholds, defenses, and limits also matter. A large theoretical damages total does not establish that an insurer or defendant must pay it.

Identify actual policies, endorsements, limits, and possible additional parties or coverage. Collectibility is a factual and legal issue; do not assume a person has assets or that a policy limit is automatically available.

Discuss what reduces the gross amount

• The attorney fee under the signed agreement.
• Case expenses and how they are charged.
• Any legally enforceable liens or reimbursement obligations.
• Policy offsets, allocations, or other adjustments that apply.
• Approval or distribution requirements for a minor or wrongful death settlement.

Request a clear settlement comparison

Before agreeing to an offer, discuss the supported value, risks, remaining expense, timing, release terms, and anticipated distribution. A written estimate can distinguish known deductions from unresolved ones. Do not confuse an initial gross offer with money available to spend.

See noneconomic-loss documentation, fees and costs, and the litigation process for those narrower questions.

Talk with Logeman & Iafrate

Request a free consultation or call (734) 994-0200 to discuss your situation with our Ann Arbor office. Bring the relevant records and any insurer correspondence. Advice about your claim depends on the facts, coverage, and applicable deadlines.

General information only; this article is not legal advice for an individual case.

Can a settlement calculator give a reliable case value?

No. It cannot resolve individual evidence, legal requirements, coverage, and collectibility.

Is an offer the amount I receive?

Not necessarily. Review fees, expenses, repayment issues, and distribution before accepting.