What Is an Injury Settlement?

A settlement agreement is a legal contract between the defendant and plaintiff to settle the case outside of court. This is a great way to receive compensation quickly.

Contrary to special damages that can be easily calculated the non-economic damages can be more difficult to determine in a precise dollar amount. They include things like suffering and pain.

Medical expenses

Medical expenses can make up the majority of a settlement, based on the degree of the injury. These can include doctor's visits and medications, surgeries, and other procedures. These costs are typically not covered by insurance and may be expensive. In addition, in many cases there are ancillary expenses associated with the injuries such as home healthcare, adaptive devices, transportation to medical appointments, and so on.

Medical bills are typically paid by your private health insurance plan, Medicare, Medicaid or PIP. If you are awarded a settlement with medical bills unpaid and the money received from the settlement will be used to pay them. Your attorney can negotiate with billing companies to reduce the amounts.

Your lawyer can also determine the proper amount to cover any other losses that aren't medically related. These include the loss of future income, pain and suffering, and other non-economic damages. Your attorney must present expert testimony and proof of these damages in order to make a proper claim.

Loss of wages

In addition to compensation for medical expenses Victims of injuries may also be entitled to compensation for lost wages. The amount of damages is by the amount of time the victim was off work due to their injuries. A personal injury lawyer can help their clients collect the compensation for lost wages in a personal injuries claim.

You could be forced to miss a significant portion of work if you suffer from a severe brain injury, a spinal cord injury, or both. You will need to prove that your accident caused you to miss work. It is important to include all income sources when proving your lost wages. This includes regular wages bonus, overtime, and commissions. You can also include unused vacation or sick days.

If your doctor has decided that you are able to return to work with a few restrictions, then the employer must respect these restrictions. This could mean changing your job or supplying you with equipment that is helpful.

A personal injury lawyer who is experienced will assist you in gathering the information needed to support your claim for lost wages. They can also assist with cases in which the victim is self-employed, or receives a variable salary. In these cases the insurance company needs to look over the person's previous and future earnings and provide a reasonable estimate of future lost wages. This is likely to require a thorough financial statement from the plaintiff's accountant or financial expert.

Non-economic damage

When people think about personal injury lawsuits injuries the first thing they think of is the amount of money lost due to medical expenses and lost wages. But, there are other costs that are associated with injuries that are difficult to quantify in terms of dollar amounts. These are called non-economic damages. They are the more tangible consequences of a person's injuries, like pain and suffering and loss of enjoyment of life.

Economic damages are easy for juries and courts to calculate because they are documented in invoices and pay stubs. However non-economic damages are more difficult to quantify and could be based on subjective factors, like suffering and pain and the emotional distress caused by the injury.

The suffering and pain could include physical, mental or emotional pain caused by the accident. It can also include an individual's inability at their normal social or recreational activities. The jury will take into consideration the extent to which the injury impacted the victim's quality of life.

Other non-economic damages include disfigurement loss of consortium and loss of enjoyment life. For instance someone may suffer from disfigurement due to an accident that permanently alters their appearance. While this is not an economic loss it is painful to bear scars and other permanent injuries.

Compensations for pain and suffering

Pain and suffering are non-economic damages that compensate you for the emotional and physical distress caused by your accident. These are subjective damages which must be decided by the jury, and not medical bills or auto repairs, as well as lost wages. Each juror will have a different opinion on how much compensation for pain and suffering is appropriate in your case.

One method to help a jury recognize the extent of your injuries is to provide documentation. Your attorney can gather written documents from your doctors which detail the severity of your injuries, with video footage and photographs. The testimony of family and friends can be persuasive. These testimony can help to create feelings of sympathy among jurors and show how your injuries have affected your hobbies and activities with your family.

The duration of your injuries can influence the amount of your settlement for pain and injuries suffering. Severe, disabling injuries typically result in higher pain and suffering awards than injuries that heal more quickly.

Injuries can cause significant emotional and psychological trauma, and a successful claim for injury should reflect the severity of the injury. Your personal injury lawyer can assist you in constructing an effective case and negotiate an equitable settlement for all of your injuries. If you have any questions about a possible settlement for your injuries make a call to Adam S. Kutner & Associates for a consultation.