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I heard that you are supposed to get 5 times whatever your medical expenses were as compensation for a personal injury case. Is that correct?
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The value of a personal injury case is much more complicated that just applying a "multiplier". While it is true that many personal injury cases will settle with non-economic damages for around 5 times the medical expenses, it can also be much more, or less than that.
In order to figure out a good settlement amount for a personal injury case, there are a number of factors that must be considered.
Strength of the Case
If all the legal elements, such as negligence and cause, are in place and well established by the evidence, then the plaintiff is in a better position to negotiate a large settlement. If the evidence is vague or inconclusive, it becomes more difficult and it may be better to accept a smaller offer.
Nature of the Defendant
While not always true,in cases involving personal injury amongst individuals, the settlement amounts or jury verdicts tend to be smaller.
In cases where the negligent party is a company, corporation, hospital, or other such entity, the insurance limits tend to be much higher and juries usually grant much larger awards against such entities.
Lawyers Trial History
If the lawyer representing the injured party has a history of taking cases to trial when necessary, the defending party will be willing to pay more money in a settlement rather than risk losing in court, where the verdict against them can be much greater.
Always Talk to a Lawyer
Anyone that has been injured as the result of negligence of another party should talk to a personal injury lawyer before taking any legal steps or talking to the defending party. It's important to get legal advice early on to ensure the best possible settlement or verdict for the injured parties case.
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