Positions to
Interests in Personal Injury Litigation
Positions
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Plaintiff
$100,000 |
Neutral/Mutual
|
Defendant
$30,000 |
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Issues
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Pain and suffering |
Lifestyle Effect |
General Damages |
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Self-image Past Lost Opportunities |
Connection of the injury
to past work |
Causation Mitigation |
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Medical needs Extraordinary efforts made |
Expenses/Specials |
Documented... Provable... |
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Future income loss Future possibilities |
Connection of the injury
to future work |
Causation Mitigation Loss of Opportunity |
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Negative prognoses |
Medical evidence |
Objective signs |
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Interests
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To be fairly compensated for what I’ve given up:
individual fairness |
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Pay compensation that is fair with other cases I
deal with/courts rule on: relative fairness |
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Justifiable to family or supporters: defensibility |
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Justifiable to auditors or superiors: defensibility |
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Have privacy in my life or medical appointments:
finality |
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Closing the file: finality |
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Need for understanding of what I went/am going
through. |
To reduce uncertainty/maintain control over the
outcome |
Need to be seen as a fair
dealer. |
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Providing for future events/health/capacity |
To save time and expense |
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