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How Much Is My Employment Discrimination Case Worth?


Several Factors Determine the Value of Your Employment Discrimination Claim

As a victim of employment discrimination, it is natural to want compensation. Every case is different. Therefore, there is no average settlement amount. Instead, several factors, including your thoughts of the value, a jury’s and judge’s thoughts on the value, and the opposing side’s thoughts on the value, help determine the case’s worth or settlement value.

Working with an experienced employment discrimination lawyer can help you understand what you can expect regarding case value. For over 25 years, the talented employment discrimination attorneys at the Derek Smith Law Group in Philadelphia, Miami, Los Angeles, New York City, and New Jersey have helped clients evaluate their case and determine their case worth.

What Determines Your Compensation?

Several factors determine your case’s worth.

  1. How much money you lost.
  2. How much money you spent on medical bills and psychiatric evaluations.
  3. How much anguish it caused you and your family (divorce or separation, depression, anxiety, inability to pay household bills)
  4. What you think your case is worth.
  5. What your employer thinks your case is worth.
  6. How much money your employer has (the company’s value).
  7. What a judge and jury think your case is worth.
  8. The nature of the discrimination (retaliation, wrongful termination, physical assault, severe discrimination).

What Parts of Your Case Value Are Easily Determined?

Some parts of the case value are based on factual numbers and equations. These factors include medical expenses, lost wages, your employer’s company value, your household bills, and your legal fees. These values can be proven and easily computed. You will often need to present tax records, pay stubs, medical bills, utility and mortgage bills, and legal bills and estimates.

How Are Damages for Emotional Distress, Pain and Suffering, and Punitive Damages Determined?

Remedies, such as emotional distress, pain and suffering, and punitive damages are much more subjective. For this form of compensation, your employment lawyer will create a value based on what you think your case is worth, what your employer thinks it is worth, and what he can anticipate a judge and jury will think it is worth.

How Much Do You Think Your Discrimination Case is Worth?

The first question any attorney will ask is how much you think your case is worth. The answer to this question will help set the tone for the value of your case. You know how much pain and suffering and emotional distress you endured as the result of the issues of your claim (getting fired from work, name-calling, retaliation, etc.).

Working with an employment lawyer you can trust will help you better answer this question. Your attorney can help you come up with an appropriate number for your case that still gives you the compensation you believe you deserve.

What Does a Jury or Judge Think Your Employment Discrimination Case is Worth?

The second criteria to value your case involves the judge and jury. Typically, the jury evaluates your case based on your lost wages, infliction of emotional distress, and even punitive damages. The results of these figures will help a jury come to a number. However, if the judge thinks the amount is excessive, he may reduce it.

An experienced employment discrimination attorney has seen the inner workings of a jury enough times to provide you with an educated estimate of what the jury and judge will think your case is worth.

How Much Does Your Employer Think Your Discrimination Case Is Worth?

The final piece to a case valuation is your employer’s willingness to pay and settle your case. Your employer (the Defendant) has a number that is his “breaking point.” For each case and circumstance, this number is different.

Employers will typically consider the following when deciding how much they think the case is worth:

  • Does your employer want to end the case swiftly to avoid spending money on a lengthy and complicated defense?
  • Will a jury offer more money than your employer is willing to pay?
  • Does your employer feel a sense of guilt and want to pay to get over that guilt?
  • Who is representing you, the employee?.

If an employer sees a strong attorney with a great reputation and not afraid of litigation on the other side of the table, they are more likely to want to settle the case quickly and pay a fair amount to see it settle. Most companies prefer to stay out of the courtroom, especially if they know you have a good case and a great employment lawyer.

Will I Get the Compensation I Request?

Settling a case or going to trial is always about willingness to negotiate. You will rarely settle a case for the amount you request. The general rule is to ask for a number higher than you want to win. By doing so, you leave room for negotiation.

There is an old saying, “If you want an inch, ask for a yard.” Asking for a yard makes sure you have the negotiating room to obtain an inch. You and your lawyer should work as a team to determine your case’s value and get the value of your case in compensation. This collaboration will help determine where to begin negotiations.

Will an Employment Discrimination Lawyer Help Me Get a Better Settlement?

Working with an employment discrimination lawyer will help you get a fair value for your claim. While they cannot guarantee a large settlement, they can help ensure you will get at least what your case is worth. Without an attorney, you may ask for less than the compensation to which you are entitled. You may find your employer will try to waive a few dollars in front of you just to make the problem go away.

However, your dedicated attorney will advocate for your rights. They will ensure you do not get walked on in negotiations or by a jury. They will help you value your case and draft a demand letter asking for what you deserve. They will also aid in the entire settlement negotiation process to ensure you do not lose money in the process.

Contact Our Experienced Discrimination Attorneys for Your Free Consultation

When attempting to value your case, you need an employment discrimination lawyer that is never afraid to walk away from the negotiation and go to trial. You deserve one of the top discrimination lawyers working for you to help you get the compensation you deserve. The experienced employment lawyers at the Derek Smith Law Group are here to help.

Are You the Victim of Retaliation or Discrimination at Work? Do You Want to Know What Your Case Is Worth? Please Call Us at 800.807.2209 for a Free Consultation to Learn More About the Value of Your Case.

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