Call Us At: (718)-273-7900

He got more than me! Why Claim Amounts are Different When the Injury seems the same

 

One way that victims of personal injury accidents make themselves upset is by researching accidents similar to theirs and finding out someone else got more money. When you file a personal injury claim, the first fact you have to become familiar with is that claim awards are wildly random. If you lost your leg in a work accident in New York State, that does not mean that you will get the same compensation as a worker who lost his leg in Los Angeles. There are a few factors at work when it comes to determining each individual claim.

The State Your Claim Is In

Each personal injury claim is handled on an individual basis by each state’s determining board. Work accidents are generally covered by the state’s workers’ compensation board, but each state has its own record when it comes to awards. Some states award more than others in workers’ compensation cases, while other states make it difficult for injured workers to get any kind of compensation.

Each state’s civil court system is also very different. Some states allow for pain and suffering claims, while other states do not. If you are allowed to add a pain and suffering component to your compensation, then you are going to get more than other people in the country.

Your Wages

If you make more money than someone else and miss more days at work because of your injury, then you are going to receive more in your lost income claim. The lost income portion of a personal injury claim is simple math. A person who makes more money than someone else is going to get more back in a personal injury claim.

Your Medical Expenses

If medical care is higher in your state than others, then you will receive a higher portion in your personal injury claim for medical expenses. Just as with lost income, most states use simple mathematical formulas to calculate medical expenses. In many states, it is just a matter of the injured showing their receipts and getting compensated for it.

Your Prognosis

While your injury may seem similar to someone else’s in another state, there is a strong possibility that the injuries may not be that similar at all. Your prognosis for recovery could be very good, and you might not need ongoing medical care or therapy to regain as close to full range of motion as possible. But the injury in another state could have a prognosis as grave as potential amputation. Future medical costs are also figured into a personal injury claim, which can elevate a claim to a much higher level.

Personal injury claims are not easy to compare side-by-side. Just because your shoulder injury looks similar to a should injury two states over does not mean that you are going to get similar compensation. Each case is debated individually, and the results are given irregardless of any kind of situation in any other part of the country.

From The Sgarlato Blog

Request A Consultation

1444 Clove Road, Staten Island, NY 10301
Phone: (718) 273-7900
Fax: (718) 273-9629
Website: http://sgarlatolaw.com