What Is an Injury Settlement?

A settlement agreement is an agreement between the defendant and plaintiff to settle the dispute outside of court. This can be a quick and efficient way to get compensation.

Unlike special damages, which can be easily calculated, non-economic damages are harder to quantify in a specific dollar amount. These include things like suffering and pain.

Medical expenses

Depending on the severity an Anchorage Injury Lawsuit, medical expenses can make up a large portion of the settlement. These expenses can include medical visits, prescriptions and even surgery. Most of the time, these expenses are not covered by health insurance, and are often very costly. In addition, in a lot of cases there are ancillary costs associated with injuries, such as home healthcare adaptive devices, transportation to medical appointments, and many more.

Medical bills are typically paid by an insurance company that is private or the government's Medicare or Medicaid or your PIP coverage. If you get a settlement with outstanding medical balances that are not paid, these will need to be satisfied by the settlement funds. Your attorney can negotiate with billing companies to reduce the balances.

Your attorney will also be able determine the appropriate amount of damages that will pay for your other non-medical expenses. These include the loss of future income or pain and suffering and other damages that are not economic. Your attorney must provide expert testimony and evidence of these other damages in order to establish a valid claim.

Lost wages

In addition to compensation for medical expenses, injured people may also be entitled to lost wages. The amount of damages is determined based on the period that the injured person was unable to work as a result of their injuries. A skilled personal injury attorney will assist clients to recover lost wages as compensation in a personal injury claim.

You could have to miss a significant amount work if you sustain a traumatic brain injury, spinal cord injury or both. You'll need to prove that the accident caused you to miss work. It is essential to include all income sources in proving your lost wages. This includes regular earnings, overtime, bonuses and commissions. Include any days of vacation that you have not used or sick leave.

If your doctor decides that you are able to return to work with certain restrictions, the employer must comply with these restrictions. This could mean changing some aspects of your job or supplying helpful equipment.

A personal injury lawyer who is knowledgeable can assist you with gathering the required information to back your claim for lost wages. They can also assist with cases when the person who has suffered an injury is self-employed or has an undetermined salary. In these cases, the insurance company has to analyze the person's past and future earnings and provide an accurate estimate of future lost wages. This will require a detailed statement from the plaintiff’s accountant or financial professional.

Non-economic damages

When people think of personal injury claims they typically think of money lost due to medical expenses and lost wages. But, there are additional costs associated with injury which are more difficult to quantify in terms of dollar amounts. These are referred to as non-economic damages. These damages are for the intangible effects of a person's injury such as suffering, pain and loss of enjoyment of life.

Pay stubs and bills may be used to prove damages for economic reasons for courts and juries. However, non-economic damages are much more difficult to quantify and may be based on subjective factors, like pain and suffering and the emotional distress caused by the injury.

The suffering and pain could be physical, mental or emotional trauma caused by the accident. It could also be the person's inability to engage to their usual hobbies or social activities. A jury will consider the impact of the injury lawsuit on the victim's life.

Other economic damages can include disfigurement loss of consortium, and loss of enjoyment of life. For example, a person may be suffering from a disfigurement as a result of an accident that permanently alters their appearance. While this isn't necessarily an expense it is painful to endure scratches and other injuries that will last forever.

Damages for suffering and pain

Pain and suffering is a category of non-economic damages to compensate for the emotional and physical distress you've endured as a result of your accident. As opposed to medical bills, car repair costs and lost wages, injury attorney these are more subjective damages that must be determined by a jury. Every juror has a different opinion about how much compensation for the pain and suffering that they suffer is appropriate in your case.

Documentation is a way to help a juror understand the severity of an injury. Your attorney can compile written records from your doctors that detail the extent of your injuries along with video and photographs. The testimony of family members and friends can be persuasive. These testimony can help inspire sympathy from the jury and demonstrate how your injury can have a negative impact on your life, like hobbies and family activities.

The extent of your injury can also affect the amount of compensation you receive for pain and suffering. Pain and suffering awards are generally higher for serious and disabling injuries than injuries that heal quicker.

Injuries can cause significant emotional trauma and stress, and a successful injury claim should reflect that. An attorney for personal injuries can assist you in constructing an effective case and negotiate a fair amount of compensation for all your injuries. Adam S. Kutner and Associates will provide you with the opportunity to meet with us if you have any questions about a settlement that could be possible for an injury.