What Is an Injury Settlement?
An injury settlement is an agreement between the plaintiff and defendant to settle a matter outside of court. It is a fast and effective way to receive compensation.
Unlike special damages, which can be easily calculated, non-economic damages are harder to pinpoint in a specific dollar amount. This includes things like pain and discomfort.
Medical expenses
Depending on the severity an injury, medical costs can be a substantial portion of a settlement. These could include doctor's appointments, medications, surgery, and other procedures. Most of the time, these expenses are not covered by health insurance and can be quite costly. In many instances, there are an additional cost associated with the injury, such as home health care, adaptive devices, transport to medical appointments and more.
Medical bills are usually paid by an insurance company that is private or the government's Medicare or Medicaid or your PIP coverage. If you receive a settlement with unpaid medical bills the money from the settlement will be used to pay them. Your attorney can negotiate with billing companies to lower the amounts.
Your lawyer can also determine the proper amount to cover any other losses that are not medically related. This includes loss of future earnings along with pain and suffering and other non-economic losses. Your lawyer must provide expert testimony and evidence of these other damages in order to establish a valid claim.
Loss of wages
In addition to the compensation for medical costs the
injured victim may also be entitled to lost wage. The amount of damages is calculated according to the time that the injured person was unable or unable to work because of their injuries. A personal injury lawyer can assist their client recover lost wages compensation in a personal injury case.
You may have to miss a significant amount work if you suffer from a traumatized brain
injury, spinal cord injury, or both. You must prove that your accident caused you to miss work. It is important to include all forms of income in proving the loss of wages. This includes regular pay as well as overtime, bonuses and commissions. You can also include unused vacation or sick days.
If your doctor has determined that you are able to return to work, but with certain restrictions the employer has to adhere to these limitations. This could mean changing your job or providing you with equipment that is helpful.
A personal injury lawyer who is well-versed can assist you with gathering the required information to back your claim for lost wages. They can also assist in cases when the person who has suffered an injury is self-employed, or receives a variable salary. In these situations the insurance company needs to analyze the person's past and future earnings and provide a reasonable estimate of the future loss of wages. This will likely require a detailed financial statement from the plaintiff's accountant or financial expert.
Non-economic damages
When people think of personal injury claims they usually think of cost of medical expenses and lost wages. There are other expenses that are difficult to quantify in dollars. These are referred to as non-economic damages. They include the more tangible effects of injuries sustained by a victim, such as suffering and suffering, as well as loss of enjoyment of life.
Bills and pay stubs can be used to prove economic damages for juries and courts. However, non-economic damages are much more difficult to calculate and can be determined by subjective factors such as the pain and suffering as well as the emotional distress caused by the injury.
The term "pain and suffering" refers to any mental, physical or emotional distress that is a result of the accident. It can also refer to the person's inability to engage at their normal social or recreational activities. A jury will look at the impact of the injury on the victim's life.
Other non-economic damages include disfigurement loss of consortium and loss of enjoyment of life. A person could suffer from disfigurement after an accident that permanently alters their appearance. It's not a huge financial cost but it can be painful to live with scars or other permanent injuries.
Damages for pain and Suffering
Pain and suffering is one of the categories of non-economic damages for the emotional and physical suffering you've endured as a result of your accident. These are subjective damages, that are the responsibility of the jury, and not medical bills or auto repairs, as well as lost wages. Each juror will have different opinion on the amount of pain and suffering compensation is appropriate to your case.
One method to help a jury comprehend the extent of your injuries is by providing documentation. Your attorney can compile written records from your doctors that describe the severity of your injuries, along with photographs and
injury video footage. Testimonies from family and friends are also persuasive. These testimonies can help to build sympathy with jurors and show how your injury has affected certain aspects of your life, like hobbies and family activities.
The duration of your injuries may also affect the amount of your pain and suffering settlement. Awards for pain and suffering are typically higher for severe injuries that are disabling, as opposed to injuries that heal quicker.
Damage claims should be able to reflect the emotional and psychological trauma that can be caused by an accident. Your personal injury lawyer can help you construct an impressive case and help you negotiate an equitable settlement for all of your injuries. If you have questions about a possible injury settlement you can call Adam S. Kutner & Associates for a consultation.