What Is an Injury Settlement?

A settlement agreement is a contract between the defendant and plaintiff to settle the case outside of court. It can be a successful way to receive an amount of money quickly.

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

Medical expenses

Depending on the severity of an injury, medical costs can make up a large portion of a settlement. These expenses can include doctor visits, medication and surgery. These expenses are often not covered by insurance, and can be costly. In many cases, there are also additional costs related to the injury, like home health treatment, adaptive devices, transport to medical appointments and more.

Medical bills are typically paid by a private health insurance provider, 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 with the settlement funds. Your attorney can negotiate with billing companies in order to reduce the balances.

Your lawyer will also be able to determine the appropriate amount of damages to pay for your other non-medical loss. This includes the loss of future earnings as well as pain and suffering, and other non-economic damages. Your lawyer must present expert testimony and proof of these other damages to support your claim.

Lost wages

In addition, to compensation for medical expenses, injured victims may be entitled to lost wage. These damages are calculated based on the duration that the victim was unable to work because of their injuries. A personal injury lawyer can help their clients recover lost wages as compensation in a personal injury lawsuit.

It is possible to miss a significant amount of work if you sustain a traumatizing brain injury, spinal cord injury or both. You must prove that the accident caused you to miss work. It is important to include all forms of income when proving your loss of wages. This includes regular wages bonus, overtime, and commissions. Include any unused vacation days or sick leave.

If your doctor has decided that you are able to return to work with certain restrictions then your employer must follow these restrictions. This could mean rearranging your job or supplying you with equipment that is helpful.

A personal injury lawyer who is well-versed will assist you in gathering the evidence needed to prove your claim for lost wages. They can also assist with cases in which the victim is self-employed or receives a salary that fluctuates. In these cases, an insurance company must look at the past and future earnings of the victim and give a reasonable estimate of the loss of future wages. This is likely to require a detailed financial statement from the plaintiff's accountant or financial expert.

Economic damages

When people think of personal injury claims the first thing they consider is the amount of money lost due to medical expenses and lost wages. There are additional costs that are difficult to quantify in dollars. These are known as non-economic damages. They cover the more intangible results of injuries suffered by a person such as pain and suffering and loss of enjoyment of life.

Economic damages are simple for courts and juries to calculate because they can be substantiated by pay stubs and bills. Non-economic damages on the contrary are more difficult to calculate and may be based upon subjective factors such as suffering, pain, and emotional distress.

The pain and suffering could include physical, mental or emotional trauma caused by the accident. It could be the inability of a person to participate in their usual hobbies or social activities. A jury will be able to consider the extent to which the injury affected the victim's way of life.

Other non-economic damages include disfigurement loss of consortium and loss of enjoyment life. For example someone may be affected by disfigurement following an accident that permanently alters their appearance. It is not a expense but it can be painful to live with scars or other permanent injuries.

Damages for pain and Suffering

Pain and suffering are non-economic damages that pay for the physical and mental stress caused by your accident. These are subjective damages that are the responsibility of the jury, unlike medical bills, auto repairs and lost wages. Each juror has their own opinion on how much compensation for the pain and suffering that they suffer is appropriate for your situation.

Documentation is a way to help jurors comprehend the extent of the injury. Your attorney can compile written records from your doctors that detail the extent of your injuries, with photographs and video footage. The testimony of family members and friends can be persuasive. These testimony can help to create an atmosphere of sympathy for jurors and show how your injury has affected your hobbies and activities with your family.

The duration of your injury can also influence the amount of compensation you receive for suffering and pain. Acute, disabling injuries typically result in higher pain and suffering awards than injuries that heal quicker.

Injury claims should reflect the psychological and emotional trauma that can be caused by an accident. A personal injury lawsuits lawyer can assist you in building an effective case, and work towards a reasonable amount of compensation for your injuries. If you have questions regarding a possible injury settlement you can call Adam S. Kutner & Associates for a free consultation.