New York City Personal Injury Law Blog
Why Similar Personal Injury Cases have Different Values
Posted on Feb 1, 2015 in Personal Injury FAQs
There are many reasons why similar personal injury cases would have different values. Even when the person has suffered almost the same injuries as another victim, the compensation awarded could be different. Here are some of the main reasons why this happens.
The venue where your case is pending is crucial for determining the value of your case. The venue and locality of the court where your case is tried plays a major role in determining the value of your case.
The law says you are entitled to a jury of your peers, who will listen and try your case. However, suppose you are a thirty-five year old woman, are you entitled to have six females of the same age, as jurors, for listening and deciding your case? The reality is definitely not and the chances of this happening are slim anyway. Suppose you are a physician who is being sued for medical malpractice, can you have six doctors as your jury? Again the answer is no and this would most probably not happen anyway. Therefore, who is it that makes up the jury pool in a case?
Well, jurors are picked from all over the county or state, and they will be of different ages, races, ethnicity, and these people will have different values and feelings. Hence, for instance, the value of people who live in Brooklyn might be different from people’s values and morals in the rural parts of the state. Therefore, makeup and values of the jury pool will influence the value of your case in a major way.
How the Injury has Affected the Victim
Age of the victim is important for determining how long the person will live with the injury or disability. Someone who is thirty years old will have a lifelong injury for the next forty or fifty years. Whereas an eighty-year-old person suffering from a fractured hip will have a different expectation of how the injury is going to affect him.
Therefore, how the disability affects the victim is important in determining the value of the case. The injury might be same for two people, but how it affects the persons will be different. The important thing that will be considered is can the person do the things that he was able to do before suffering from the injury. Your injuries and your age will affect how you function on a day-to-day basis.
Ongoing Medical Care
If the injuries are serious, the person might need ongoing medical treatment for a long time or even for the rest of his life. Additionally, some victims might need treatment on a daily basis, while some might need it on a weekly or monthly basis and so on. Secondly, will the victim need surgery in the future? If he does, then the value of his case will be significantly more compared to a victim who may not need surgery.
The number of days victims are unable to attend work might differ. Some might be unable to do their job for a few days, while some might need several months to fully improve, before they can resume work.