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What Is an Injury Settlement?
An injury settlement is an agreement between the plaintiff and the defendant to settle a matter outside of court. This is a quick and efficient way to get compensation.
As opposed to special damages, which can be easily calculated but non-economic damages are difficult to define in a dollar amount. This includes things like pain and discomfort.
Medical expenses
Medical expenses can constitute large portions of a settlement, based on the severity of the injury. This could include doctor's visits and medications, surgeries, and other procedures. Often, these expenses are not covered by health insurance and can be very expensive. In addition, in a lot of cases there are ancillary expenses associated to the injuries, including home healthcare adaptive devices, transportation to medical appointments, and so on.
Medical bills are typically covered by an insurance company that is private or the government's Medicare or Medicaid, or your PIP coverage. If you receive a settlement with unpaid medical balances, these must be paid from the settlement funds. 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 proper amount of damages that will be used to cover other non-medical loss. These include future income loss along with pain and suffering and other damages that are not economic. To be able to file a claim, your attorney will need to submit documentation and expert testimony regarding these additional damages.
Loss of wages
In addition to compensation for medical costs, injured victims may also be entitled to compensation for lost wages. These damages are calculated by the amount of time the victim missed from work because of their injuries. A skilled personal injury attorney can assist their clients in recovering lost wages in a personal injury lawsuit.
You could be forced to miss a significant portion of work if you suffer a traumatizing brain injury, spinal cord injury or both. You will have to prove that your accident caused you to miss work. It is crucial to include all income sources when proving your loss of wages. This includes regular pay overtime, bonuses, and commissions. You can also include unused vacation or sick days.
If your doctor concludes that you can return to work with certain limitations, the employer has to respect these restrictions. This might involve changing certain aspects of your job or providing useful equipment.
A skilled personal injury lawyer can help gather all of the information needed to support a wage claim. They can also assist in situations where the person injured is self-employed, or receives a variable wage. In these situations the insurance company will have to look over the person's previous and future earnings and provide an accurate estimate of the future loss of wages. This will likely require a thorough financial statement from the plaintiff's accountant or financial professional.
Non-economic damage
When people think of personal injury damages they usually think of loss of money due to medical expenses and lost wages. But there are other costs that are associated with injuries that are hard to quantify in terms of dollar amounts. These are referred to as non-economic damages. These damages cover the non-economic effects of injury, like suffering, pain and enjoyment of life.
Economic damages are easy for courts and juries to calculate, as they are documented in invoices and pay stubs. Non-economic damages, on the other hand are more difficult to calculate and can be based on subjective factors such as suffering, pain, and emotional distress.
The suffering and pain can be physical, mental or emotional distress caused by the accident. This can include the inability of someone to pursue their normal hobbies or social activities. A jury will consider the extent to which the injury affected the victim's way of life.
Other damages that are not economic include disfigurement, loss of consortium, and loss of enjoyment of life. For instance one could be suffering from a disfigurement as a result of an accident that permanently alters their appearance. It is not a cost to the financial side but it can be painful to endure scars or other permanent injuries.
Damages for pain and suffering
Pain and suffering is one of the categories of non-economic damages that compensate for the emotional and physical pain you've experienced as a result of an accident. Unlike medical bills, auto repair costs and lost wages as well as lost wages, these are more subjective damages that must be decided by the jury. Every juror will have a different views on how much pain and suffering compensation is appropriate for your case.
One method to help a jury recognize the extent of your injuries is to provide documentation. Your attorney can collect written records from your doctor which detail the severity and extent of your injuries. He can also gather photos and video footage. Testimonies from family and friends can also be persuasive. These testimonies could help create sympathy among the jury, and also show how your injury affected your hobbies and family activities.
The severity of your injury could influence the amount of compensation you receive for suffering and pain. Acute, disabling injuries typically require higher pain and suffering awards than injuries that heal more quickly.
Injuries claims should reflect the psychological and emotional trauma that can be caused by an accident. A personal injury lawyer can help you create a strong case, and ensure fair amount of compensation for injury all your injuries. If you have questions regarding an injury settlement, call Adam S. Kutner & Associates to schedule a consultation.
