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Why am I being offered less money than another passenger in the car for the same accident?

This is another important question that people that call the offices ask a lot and I thought it was important to have this as a blog entry. To some degree, the issue here is what is the value of my injury case. This is clearly not an easy question to respond to but please accept this as this weeks blog entry.

Discussed a lot on this blog is that every case is different and must be judged on the facts of the case. Of course, every person is different and have different body types. Further, every jury is different and you can have very similar cases and yet have two different juries come to completely different verdicts. And thus this makes valuating any injury case difficult.

More to the topic of today, you can have a car accident with several people in the car and have completely different injuries. Accidents are commonly seen where there are two or more people in the car and one of the persons never goes to a doctor and never complains about any injury while the others in the car complain and have significant injuries. First of all, if one person sees the accident about to happen and braces themself for the impact, they may sustain less of an injury for that reason alone. Or possibly their bracing for the accident may result in more injuries. Another big difference could be the body types of the people in the car ore even more signifciantly could be the ages of the person. All things equal, one would expect a healthy strong 21 year old to have less of an injury for an accident than a 90 year old person that has a lot of health problems.

Also, from a future pain and suffering standpoint, if a 21 year old sustains the same injury as a 90 year old personk, one might expect a verdict greater for the 21 year old as, based on mortality tables, the 21 year old will live with the injury for a much longer time than the 90 year old.

In an accident case, you are entitled to monies based on your injuries. It does not matter what the injuries are for the other people in the accident. While in many cases, people in the same accident have similar injuries, in other accident cases are seen with people with much different injuries and thus this is the reason why two people may be receiving different amounts for the same accident.

Every case is unique and should be judged based on the specific facts of the case. The advice in this blog is intended to be general and should not to be construed as specific advice for a case or your case. A minor difference in the facts of the case in a fact pattern such as above could change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states could vary from Florida. At Drucker Law Offices, a free consultation is offered for accidents. You can reach attorney Gary Drucker at (561) 483-9199 or (954) 755-2120 or (305) 981-1561.

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