What Is an Injury Settlement?

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

Contrary to special damages that can be easily calculated, non-economic damages are harder to quantify in a specific dollar amount. This includes things like discomfort and pain.

Medical expenses

Based on the severity of an injury, medical expenses can constitute a substantial part of the settlement. These may include doctor's visits as well as medications, surgery and injury other procedures. Most of the time, these expenses are not covered by health insurance, and can be extremely expensive. In many cases, there are also additional costs related to the injury, such as home health treatment such as 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 receive a settlement that has medical bills that are not paid, the funds from the settlement will be used to pay them. Your lawyer can negotiate with the billing companies and try to reduce the balances.

Your lawyer will also be able to determine the proper amount to cover any other losses that aren't medically related. This includes the loss of future earnings as well as pain and suffering, and other damages that are not economic. Your attorney must present expert testimony and proof of these other damages to support your claim.

Loss of wages

In addition to a reimbursement for medical costs Victims of injuries may also be entitled to compensation for lost wages. The amount of damages is determined based on the period the victim was unable work because of their injuries. A personal injury lawyer can assist their client recover lost wages in a personal injury lawsuit.

A brain injury that is traumatic or spinal cord injury for instance, can cause you to be absent for a considerable amount of work. You will have to prove that the accident caused you to miss work. It is essential to include all forms of income when proving your loss of wages. This includes regular wage overtime, bonuses, and commissions. You could also include vacation days or sick days.

If your doctor has determined that you can return back to work under certain limitations the employer has to respect these limitations. This could involve modifying certain aspects of your job or supplying necessary equipment.

A personal injury lawyer who is knowledgeable will assist you in gathering the necessary information to support your claim for lost wages. They can also assist with a case where the person who is injured is self-employed or receives an income that is variable. In these situations an insurance company must look at the past and future earnings of the victim and give a reasonable estimate of the future loss of wages. This will require a complete statement from the plaintiff’s accountant or financial expert.

Non-economic damages

When people think about personal injury damages they typically think of the amount of money lost due to medical expenses and lost wages. There are other costs that are hard to quantify in dollars. These are called non-economic damages. These damages are for the intangible effects a person's injury, like pain, suffering and loss enjoyment of life.

Pay stubs and bills may be used to prove damages for economic reasons for courts and juries. Non-economic damages, however, on the contrary, are more difficult to calculate and may be based upon subjective factors such as suffering, pain, and emotional distress.

Pain and suffering includes any physical, mental or emotional distress that is a result of the accident. It could also include the inability of a person to participate in their usual social or recreational activities. A jury will consider the effects 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. While this is not an economic loss, it can be very painful to endure marks and other permanent injuries.

Damages to relieve pain and Suffering

Pain and suffering are non-economic damages which pay for the emotional and physical distress caused by your accident. Unlike medical bills, repairs to your vehicle and lost wages and other more subjective damages that must be decided by a jury. Each juror will have a different opinion on the amount of pain and suffering compensation is appropriate for your situation.

Documentation is one way to assist jurors in understanding the seriousness of an injury. Your attorney can gather documents from your doctor that detail the extent of your injuries along with video footage and photographs. The testimony of family and friends can be persuasive. These testimonies may help make the jury feel sympathy and also show how your accident can have a negative impact on your life, like hobbies and family activities.

The length of your injuries can also influence the amount of your settlement for pain and suffering. Severe, disabling injuries typically result in higher pain and suffering settlements than injuries that heal faster.

Injuries can cause significant emotional trauma and stress and a successful claim for injury should reflect that. Your personal injury attorney will help you build a strong case, and help you get fair amount of compensation for all your injuries. If you have any questions about the possibility of settling your injury, injury call Adam S. Kutner & Associates for a free consultation.