One of the most difficult things to understand in injury law is why two seemingly similar cases might lead to different compensation packages. Here is a look at why this happens and how it might affect your case.
Medical Differences
It's easy to look at two cases and think they're fundamentally the same. For example, two people involved in slip-and-fall accidents resulting in broken forearms should get the same money, right?
A personal injury attorney will tell you otherwise. There can be dramatic differences between two similar incidents, especially in terms of the medical prognosis for each victim. One person with a broken forearm might just need a cast and several weeks to heal. A different person could end up with a complex fracture that takes multiple surgeries and years to fix. Consequently, the resulting compensation from the two insurance claims could vary significantly.
Locations
Insurers don't go out of their way to advertise this fact, but the place where an injury occurs could dramatically influence a victim's compensation, too. Modern insurance companies use extensive databases to compare the settlements reached in different regions.
Depending on the difference in economies, available healthcare, and the general willingness of people to settle cheaper, that could lead to tens of thousands of dollars added or lost just because of a ZIP code. Yes, this sort of discriminatory practice is legal.
Disposition of Counsel
Every personal injury lawyer will insist they're going to fight for your rights. In the strictest sense, they will. However, the attorney you choose is going to dictate the disposition of your claim. Some law firms are willing to dig in and fight for money, and others will work closely with the insurance company to settle the case quickly.
This distinction isn't inherently bad. You may want a lawyer who gets a settlement quickly. However, it's wise to look at an attorney's history to see how many cases they've settled and for what amounts. It's also worth looking at whether they've gone to trial and how often. Take some time to meet with several lawyers and find one who wants to advance your case the way you want to.
The Defendant's Likelihood of Defeat in Court
An insurer's goal is to reduce its risk by settling all legitimate cases as quickly as possible. They have a duty to do this, and failing to do so can leave them exposed to lawsuits from their customer and the victim. For this reason, an insurance adjuster may offer more money upfront to avoid the risk of a massive court judgment later.
Contact a company like Grall Law Group to learn more.
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