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If the plaintiff is still receiving medical treatment, then medical bills can also be hard to figure. Until the plaintiff reaches what is call “Maximum Medical Improvement” (MMI) (which means the person is as good as they’re going to get, even if they haven't fully recovered), it is difficult to figure out damages. That is why it is often better to wait until the plaintiff has reached Maximum Medical Improvement before settling a case. Once MMI is achieved, it is easy to figure past medical expenses and hopefully the doctors can calculate what percentage of permanent injury has been sustained, if any.
There are many other factors that will also go into determining what a fair settlement will be.
If the plaintiff’s attorney and the insurance company for the defendant cannot reach a settlement that the plaintiff agrees to, then the case will ultimately go to trial and a jury will decide.
While the above example deals with a car accident, it is similar for other types of negligence, such as medical malpractice, defective products, dog bites, etc.
One factor is clear: Insurance companies are not stupid. They make a lot of money. They are able many times to convince the inexperienced plaintiff how little a case is worth, compared to its real value. The unsuspecting party may only get pennies on the dollar, if they don’t know the real value of their case. Most times, an experienced personal injury attorney will obtain an amount that, even after deducting their fee, will result in a larger settlement than if they had tried to represent themselves.
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