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As a result, recoveries are being obtained both in and out of court when liability is questionable and when variables other than the law of negligence are being allowed to influence the recovery. "It is also clear that . . . the legal adviser involved, the injury, the community status of the victim and other factors frequently have as much to do with finding grounds for payments as does the question of liability."
In the matter of equity between victims there are "wide" variations in settlement amounts paid to individuals for similar injuries sustained in approximately the same type of circumstances." That is, a fractured leg may in some cases be settled for as little as $50 and in others for more than $2,500. Apparently some victims are content with a minimum of medical care and treatment, whereas others demand the best. Perhaps it is satisfactory to base settlement offers on the expenses incurred. But, when injuries are almost identical as between different victims, it would seem more equitable to offer a reasonable and similar recovery to all, at least so far as medical expenses are concerned. Even when the circumstances of injury and accident differ, obvious inequities can be found. In the cases studied, one victim received a settlement of $5,300 in excess of his expenses, while another failed to collect his expenses by a deficiency of $1,200. Many, of course, obtained no recovery at all.