No personal injury case is ever the same.
Some may be similar; or may share similar characteristics. But, no two personal injury cases are never the same.
There are so many variables which can change a personal injury case. These variables are seemingly infinite. Here are a few which personal injury lawyers and Courts have to consider:
- The age of the Plaintiff. This impacts his/her future income calculation, future care, and life expectancy
- The way the accident happened
- The policy limits relating to the accident
- The availability of collateral benefits to a Plaintiff
- How much the Plaintiff was earning (or not), in the years before the accident
- The Plaintiff’s pre-accident and post accident health, along with what they did (or didn’t do) to get better
- How the Plaintiff, and/or Defendant presented at Examination for Discovery
- If any surveillance has been taken of the Plaintiff; and if so; what that surveillance showed, or didn’t show
- The status of a Plaintiff’s accident benefit case (where available)
- What the Defence Medical Reports say vs. what the Plaintiff’s expert reports say
- The information contained in the clinical notes and records
- Is the family doctor supportive (or not) to the Plaintiff’s case
- Are there any causation issues with respect to the accident related injuries
- Are the injuries subjective or objective. If the injuries are subjective, is the Plaintiff credible, believable and/or likeable
- Will the case be proceeding by way of Judge alone, or in front of a Jury
- Special considerations when it comes to liability (i.e. suing a government, municipality vs. suing a private citizen)
- In the case of a motor vehicle accident; are the threshold and deductible live issues for the case
And the list goes on and on.