What Is an Injury Settlement?

An injury settlement is an agreement between the plaintiff and defendant to settle the case outside of court. It is a good way to receive an amount of money quickly.

Non-economic damages are harder to quantify in dollars. This includes things like pain and discomfort.

Medical expenses

Medical expenses could constitute large portions of a settlement, depending on the extent of the injury. These expenses could include medical visits, prescriptions as well as surgery. These expenses are usually not covered by insurance and may be expensive. In addition, in many cases there are ancillary costs arising with the injuries such as home healthcare, adaptive devices, transportation to medical appointments, and more.

Medical bills are typically paid by a private health insurance company or the government's Medicare or Medicaid or your PIP coverage. If you are awarded a settlement with medical bills that have not been paid, the funds from the settlement will be used to pay them. Your attorney can work to bargain with the billing companies and try to reduce the amount due.

Your lawyer will also be able to determine the right amount of damages to pay for your other non-medical losses. This includes loss of future earnings along with pain and suffering and other non-economic damages. To be able to file a claim your attorney will have to submit documentation and expert testimony regarding these additional damages.

Lost wages

In addition to compensation for medical expenses, injured victims could also be entitled to lost wages. These damages are calculated based on the amount of time that the person was absent from work due to injuries. A skilled personal injury attorney can assist their clients in recovering lost wages in a personal injury lawsuits case.

A brain injury that is traumatic or spinal cord injury for example, could cause you to miss significant amounts of work. You will need to prove that your accident caused you to be absent from work. It is important to include all income sources when proving your loss of wages. This includes regular wage and overtime, bonuses and commissions. Include any unused vacation days or sick leave.

If your doctor has determined that you are able to return to work, but with certain restrictions, then the employer must adhere to these limitations. This could mean rearranging your job or providing you with the necessary equipment.

A knowledgeable personal injury lawyer can help you gather the necessary information needed to support a lost wage claim. They can also assist when the person who is injured is self-employed or earns 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 will require a complete statement from the plaintiff’s accountant or financial professional.

Non-economic damages

When people think of personal injury claims, they usually consider the money lost due to medical expenses and lost wages. However, there are many other expenses associated with injury law firms that are difficult to quantify in terms of dollar amounts. These are referred to as non-economic damages. These damages cover the intangible consequences of an injury to a person, such as suffering, pain and loss of enjoyment of life.

Economic damages are easy for courts and juries to calculate since they can be documented with invoices and pay stubs. However non-economic damages are more difficult to quantify and are dependent on subjective factors like the pain and suffering as well as the emotional trauma caused by the injury.

The suffering and pain could be physical, mental or emotional pain caused by the accident. It could also include a person's inability to participate to their usual social or recreational activities. A jury will look at the extent to which the injury has affected the victim's quality life.

Other damages that are not economic include disfigurement, loss in consortium, and loss in enjoyment of life. A person could suffer from disfigurement after an accident that permanently alters their appearance. This isn't a expense in terms of money however it can be painful to live with scars and other permanent injuries.

Damages for pain and Suffering

Pain and suffering are not economic damages that cover the emotional and physical distress caused by your accident. These are subjective damages which are decided by the jury, in contrast to medical bills and auto repairs as well as lost wages. Every juror has a different opinion on the amount of compensation for injury attorney suffering and pain is appropriate in your case.

One way to help a jury recognize the severity of your injuries is through documentation. Your lawyer can collect written records from your doctors that provide details of your injuries, with video footage and photographs. Testimonies from relatives and friends can also be compelling. These testimonies can be used to inspire sympathy from the jury and demonstrate how your injury has affected certain aspects of your life, such as hobbies and family activities.

The length of your injury can also affect the amount you receive for pain and suffering. Awards for pain and suffering are generally higher for serious injuries that are disabling, as opposed to injuries that heal quickly.

Damage claims should be able to reflect the emotional and psychological trauma that can be caused by an accident. Your personal injury attorney can assist you in constructing an impressive case, and help you get fair compensation for all of your injuries. Adam S. Kutner and Associates can provide you with the opportunity to meet with us if you have any questions about a settlement that could be possible for an injury.