3) The Medical Treatment Sought: Personal injury cases rely heavily on medical evidence. Medical providers provide the necessary diagnosis, treatment, and documentation to prove to a jury (and the bad driver's insurance adjuster) that you are injured and the types of injury you sustained. Clients who seek medical treatment and follow their treatment providers' directives will often increase the value of the case. However, it should be noted just because you see a doctor, doesn't mean you will increase the value of the case. A chart note can also lower the value of the case if you claim an injury and the medical evidence does not support your injury claim. Moreover, a hundred trips to an acupuncturist may not increase the value of your case if you never saw a medical doctor.
4) Medical bills incurred: The urban legend that a case is worth three times the medical bills is just wrong. Some cases end up that way, but many don't. For example a person that quickly heals 100% after having a costly surgery may not recover as much as a person that doesn't have surgery for the same injury but suffers from well documented permanent injuries. Additionally, some serious injuries don't have a lot of medical bills. An amputated thumb may not have many medical bills. However, that is a potentially debilitating injury that will likely effect virtually everything the person does for the rest of their life. The medical bills in that case are not an important variable, but they are still a variable.
5) Crash Damage: Typically the more crash damage there is, the more a person's case is worth. Minor impact cases with little visible vehicle damage can result in severe soft tissue (whiplash) type injuries, but typically jurors need to be convinced of that. On the other hand, jurors will usually infer from the beginning that a person had to have been injured in a high speed crash that totals the vehicles involved.
6) The Client: An honest client's case is worth more than a person who exaggerates their pain and injuries. A tough client's case is usually worth more than a whiner's case. An organized client that attends medical appointments and follows their medical providers's directives' case is usually worth more than the know it all client that tells everyone they are injured but doesn't seek treatment or follow up with medical providers. Clients and the way they present themselves can dramatically increase or decrease the value of their case.
7) The Bad Driving Defendant: In almost all of my personal injury cases the defendant is insured. The defendant's insurance company is the entity that will decide if they will make a fair offer or force us to seek an award from a Jury. However, in Oregon jurors are not informed that it is the billion dollar insurance company that is refusing to make a fair settlement offer. The Juror sees the little old lady that ran the red light that is the named defendant and may feel sympathy for her. They may not want to award you any money to compensate you for your injury, because that may put the elderly lady on the street. On the other hand a corporate defendant that has a bad safety record will likely increase the value of the injured person's case because jurors have little sympathy for a large corporation and they know the corporation has money to pay the judgment.
8) Comparative Fault and Other Defenses: The value of the case can be reduced if the defendant has a good defense. If the defense can show you caused the crash then your case value may go down or your case may not have any value at all. If the defense can interject uncertainty and other legal issues to the case then that will bring down the value of your case.
9) Pre-Existing Conditions: Pre-existing conditions are the most litigated issues in personal injury cases. As we age our bodies deteriorate. Insurance company defense lawyers capitalize on this medical fact and attempt to assert that the crash didn't injure you, and the pain is caused by a pre-existing medical condition. If a person has sought treatment prior to the crash for a medical condition that they are claiming was caused by the crash that can reduce the value of the case.