What Is an Injury Settlement?

A settlement agreement is a contract between the plaintiff and defendant to settle the matter outside of court. This is a quick and efficient method of obtaining compensation.

In contrast to special damages, which can be easily calculated however, non-economic damages are more difficult to define in a dollar amount. This includes things like discomfort and pain.

Medical expenses

Medical expenses could constitute large portions of a settlement based on the severity of the injury. These may include doctor's visits and medications, surgeries, and other procedures. These expenses are usually not covered by insurance, and can be costly. In many cases, there are also an additional cost due to the injury like home health treatment or adaptive devices, transportation to medical appointments and much more.

Medical bills are usually paid by a private health insurance company, 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 from the settlement funds. Your lawyer can negotiate with the billing companies and try to get the balances reduced.

Your lawyer can also determine the proper amount to cover any other losses that are not medically related. These include future income loss as well as pain and suffering and other non-economic damages. To make a claim, your attorney will need to submit documentation and expert testimony on these other damages.

Lost wages

In addition to the compensation for medical expenses, injured victims may also be entitled to compensation for lost wages. These damages are determined by the length of time that the injured person was unable work because of their injuries. An experienced personal injury attorney will assist clients to recover lost wages as compensation in a personal injury claim.

A brain injury that is traumatic or spinal cord injury, for instance, can cause you to miss a significant amount of work. This means that you'll need to prove that the time you missed was directly related to your accident. When proving lost wages, it is crucial to include any and all sources of income. This includes regular earnings overtime, bonuses, and commissions. You can also include unused vacation or sick days.

If your doctor decides that you are able to return work within specific work restrictions, the employer must comply with these limitations. This could mean changing certain aspects of your job, or even providing useful equipment.

A personal injury lawyer who's knowledgeable can assist you with gathering the required information to back your claim for lost wages. They can also help with a case where the injured party is self-employed, or receives a salary that fluctuates. In these cases the insurance company will have to look at the past and future earnings of the injured party and provide a reasonable estimation of the lost wages to come. This will require a complete report from the plaintiff's accountant or financial expert.

Economic damages

When people think about personal injury damages they usually think of loss of money due to medical expenses and lost wages. There are other costs that are difficult to quantify in dollars. These are known as non-economic losses. They cover the more intangible effects of a person's injuries, such as pain and suffering and loss of enjoyment of life.

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

Pain and suffering includes any mental, physical or emotional ache that arises from the accident. This could include the difficulty of a person to pursue their normal hobbies or social activities. A jury will consider the effects of the injury attorneys on the victim's life.

Other non-economic damages are disfigurement, loss in consortium, and loss in enjoyment of life. A person may suffer disfigurement following an accident which permanently alters their appearance. It's not a cost to the financial side but it can be painful to live with scars and other permanent injuries.

Damages for pain and Suffering

Pain and suffering is a type of non-economic damages for emotional and physical distress you've experienced as a result of an accident. These are subjective damages, which are decided by the jury, not unlike medical bills and auto repairs as well as lost wages. Every juror will have a different opinions on how much pain and suffering compensation is appropriate for your situation.

Documentation is a way to help jurors comprehend the severity of an injury. Your attorney can compile written documents from your doctors that describe the severity of your injuries, along with photographs and video footage. Testimonies from family members and friends can be equally convincing. These testimonies may help create sympathy among the jury, and demonstrate how your injuries have affected your hobbies and family activities.

The length of your injuries can also influence the amount of your settlement for pain and suffering. Disabling, severe injuries usually warrant higher pain and suffering awards than injuries that heal quicker.

Injury claims should reflect the psychological and emotional trauma that is caused by an injury. A personal injury lawyer can assist you in constructing an effective case and help you negotiate a fair settlement for all your injuries. If you have any questions about a possible injury settlement you can call Adam S. Kutner & Associates to schedule a consultation.