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| *Ostroff, Fair and Company>>>Insurance |
Why are some injury settlements amounts different??for the same injury? |
why are the injury amounts pay out settlements different. and the injury is the same. say you got a dog bite. and you might get one case payout for 10.thousand dollars. and you here the same case and they get 40.000 dollars WHY?????? It's NOT the same case. A pretty young girl gets more for a facial scar than a 60 year old man. That's just the way it works. If you look at both cases, even though the label says "dog bite", there are going to be LOTS of differences. a bunch of different reasons, lawyers, the judge, jury if one, cost of medical bills, ect..... It's based on who the parties are in the case, the extent of damage, the level of intent or mitigation and the likelihood of who would win if it were to go to trial. No two dog bites are going to be the same. One always would be more severe than the next, but let's assume we have two dog bites of the exact same level of damage. The next consideration is the parties. The parties are going to have different levels of income and ability to pay damages or level of need. It is also based on each parties' willingness to litigate or just get it over with. There is also intent or mitigation of damage that needs to be considered. Was the dog owner negligent in controlling his dog? Did the injured party contribute to the incurred damage? How a case is settled is also based on assessing which party would most likely win if the case were taken all the way to trial. There are many factors that must be individually considered in each legal action. That is why you cannot or should not give your opinion on any legal matter when the only facts you have received are the ones in the newspapers. You can only give your opinion or make a judgment on a case when you have all the facts. And that is why every case, no matter how similar it may appear to the next, receives a different judgment or settlement. Many reasons... jurisdiction, facts of loss (if dog has bitten before), look of person - a 10 year old beautiful girl will get 10 times as much as an 80 year old average male, presentation of witness (how defendant or plaintiff present themselves makes a big difference). These are to name a few. Also settlement amounts are derived by the adjuster so it really comes down to their opinion. Not all injuries are the same. A dog bite on the leg is hardly the same as someone who their face hearly torn off though they're both classified as dog bites. Many other variables come into play. How deep are the pockets of the responsible party? How good is your attorney? How good is their attorney? Does your state limit damage awards? How much did the injured party suffer? How long-lasting was the incapacity due to the injury? That's why. |
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