What Is an Injury Settlement?
An injury settlement is an agreement between the plaintiff and the defendant to settle a matter outside of court. It is a fast and efficient method of obtaining compensation.
As opposed to special damages, which can be easily calculated, non-economic damages are harder to quantify in a specific dollar amount. They include things like pain and suffering.
Medical expenses
Depending on the severity an injury, medical expenses can make up a large portion of the settlement. This could include doctor's visits, medications, surgery, and other procedures. These expenses are often not insured and can be costly. In addition, in many cases there are additional costs that come along with injuries, such as home healthcare, adaptive devices transporting patients to medical appointments, and more.
Medical bills are usually paid by your private health insurance plan, Medicare, Medicaid or PIP. If you get a settlement with unpaid medical balances, they will need to be satisfied from the settlement funds. Your attorney can negotiate with billing companies in order to reduce the balances.
Your lawyer will also be able to determine the appropriate amount to pay for any other losses that aren't medically related. These include the loss of future income, pain and suffering, and other non-economic damages. To be able to file a claim your attorney needs to provide documentation and an expert opinion on these other damages.
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 determined based on the period that the person was unable to work as a result of their injuries. An experienced personal injury attorney can help their clients recover lost wages as compensation in a personal injury case.
It is possible to miss a significant amount of work if you suffer from a traumatized brain injury, spinal cord injury or both. This means that you'll have to prove that the time you didn't work was directly connected to the accident. When proving lost wages, it is crucial to include any and all sources of income. This includes regular wage, overtime, bonuses, and commissions. You could also include vacation days or sick days.
If your doctor determines that you are able to return to work within specific work limitations, the employer has to comply with these limitations. This could mean changing your job or providing you with useful equipment.
A personal injury lawyer who is well-versed can assist you with gathering the evidence needed to prove your claim for lost wages. They can also assist when the person who is injured is self-employed or receives a variable salary. In these situations, the insurance company will need to analyze the person's past and future earnings and provide a reasonable estimate of future lost wages. This may require a detailed financial statement from the plaintiff's accountant or financial professional.
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When people think of personal injury claims the first thing that comes to mind is the money lost through medical expenses and lost wages. But there are other costs associated with injury which are more difficult to quantify in dollar amounts. These are known as non-economic losses. These damages cover the intangible consequences of an injury to a person, like suffering, pain, and loss of enjoyment of life.
Economic damages are easy for juries and courts to calculate, as they can be documented by pay stubs and bills. Non-economic damages, however, on the other hand, are more difficult to calculate and may be based upon subjective factors such as pain, suffering, and emotional distress.
The term "pain and suffering" refers to any mental, physical or emotional pain that results from the accident. It could be the difficulty of a person to take part in their normal hobbies or social activities. A jury will be able to consider the extent to which the injury affected the victim's quality life.
Other non-economic damages include disfigurement, loss of consortium, and loss of enjoyment life. For instance one could suffer from disfigurement after an accident that permanently alters their appearance. It's not a expense in terms of money, but it can be painful to live with scars or other permanent injuries.
Damages for pain and suffering
Pain and suffering is a category of non-economic damages for emotional and physical distress that you've suffered from your accident. Contrary to medical bills and auto repair costs and lost wages and other more subjective damages that have to be decided by jurors. Every juror has a different opinion about how much compensation for pain and suffering is appropriate in your particular case.
One way to help a jury understand the extent of your injuries is through documentation. Your attorney can obtain the doctor's written notes which describe the extent and severity of your injuries. They can also collect photographs and video footage. The testimony of family members and friends can be persuasive. These testimonies could help create an atmosphere of sympathy for jurors and show how your injuries have affected your hobbies and activities with your family.
The length of your injuries could also affect the amount of your pain and suffering settlement. Acute, disabling injuries typically result in higher pain and suffering awards than injuries that heal quicker.
Injury claims should reflect the emotional and psychological trauma that can be caused by an injury. Personal injury attorneys can help you create an impressive case, and ensure fair settlement for all of your injuries. Adam S. Kutner and Associates can provide you with the opportunity to meet with us should you have any concerns about a settlement that could be possible for an injury.