What Is an Injury Settlement?

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

Unlike special damages, which can be easily calculated the non-economic damages can be more difficult to quantify in a specific dollar amount. This includes things like pain and suffering.

Medical expenses

Depending on the severity of an injury, medical expenses can be a substantial portion of the settlement. These expenses can include doctor visits, medication as well as surgery. These expenses are not usually covered by insurance and can be costly. In addition, in many cases there are ancillary costs associated to the injuries, including home healthcare, adaptive devices, transportation to medical appointments, and more.

Medical bills are usually paid by a private health insurance provider or the government's Medicare or Medicaid, or your PIP coverage. If you receive a settlement that contains outstanding medical balances that are not paid, these will need to be satisfied from the settlement money. Your attorney can negotiate with the billing companies to reduce the balances.

Your lawyer can also decide the appropriate amount for any other losses that are not medically related. This includes the loss of future earnings as well as pain and suffering, and other non-economic damage. Your lawyer will have to present expert testimony and proof of these damages in order to make a proper claim.

Loss of wages

In addition, to compensation for medical expenses the injured victim may also be entitled to compensation for lost wages. These damages are calculated in relation to the amount of time that the person was absent from working due to their injuries. A skilled personal injury attorney can help their clients recover lost wages in a personal injury claim.

A brain injury that is traumatic or spinal cord injury for instance, could force you to miss a significant amount of work. You will need to prove that your accident caused you to be absent from work. It is essential to include all forms of income when proving your lost wages. This includes regular earnings such as overtime, bonuses, bonuses and commissions. Include any vacation days that are not used or sick leave.

If your doctor has determined that you can return to work with certain restrictions, your employer must respect these restrictions. This could mean rearranging your job or providing you with helpful equipment.

A knowledgeable personal injury lawyer will help you gather the necessary information necessary to prove a lost wage claim. They can also aid when the person injured is self-employed or receives a variable salary. In such cases the insurance company will have to review past and future earnings of the injured party and provide a reasonable estimation of the future loss of wages. This will likely require a full financial statement from the plaintiff's accountant or financial professional.

Non-economic damage

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

Economic damages are simple for juries and courts to calculate because they can be substantiated by pay stubs and bills. 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 mental, physical or emotional anguish resulting from the accident. It could be the inability to pursue their normal hobbies or social activities. A jury will look at the consequences of the injury to the victim's life.

Other non-economic damages are disfigurement, loss in consortium, and loss in enjoyment of life. For example someone may be affected by disfigurement following an accident that permanently alters their appearance. This isn't a financial cost 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 for physical pain and emotional distress you've experienced as a result of an accident. These are subjective damages, which are decided by the jury, and not medical bills or auto repairs, as well as lost wages. Each juror will have a different opinion on how much pain and suffering compensation is appropriate for your situation.

One method to help a jury understand the severity of your injuries is to provide documentation. Attorneys can gather documents from your doctor detailing the severity and extent of your injuries. Additionally, he can gather images and video footage. Testimonies from relatives and friends can also be persuasive. These testimonies may help create sympathy with the jury and explain how your injury has impacted aspects of your life, such as hobbies and family activities.

The length of your injury may impact the amount you receive for suffering and pain. Severe, disabling injuries typically require higher pain and suffering settlements than injuries that heal more quickly.

Injuries can cause significant emotional trauma and stress, and a successful injury claim should reflect the severity of the injury. Your personal injury attorney will help you build a strong case, and work towards a fair compensation for all of your injuries. Adam S. Kutner and Associates can provide you with the opportunity to meet with us for any questions about a possible settlement for an injury.