What Is an Injury Settlement?

A settlement agreement is a legal contract between the plaintiff and the defendant to settle the case outside of court. It can be a successful way to receive quick compensation.

As opposed to special damages, which 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

Depending on the severity of an injury, medical expenses could be a significant portion of a settlement. These could include doctor's appointments or medications, surgeries and other procedures. These expenses are usually not covered by insurance and may be expensive. In a lot of instances, there are an additional cost related to the injury, such as home health care and adaptive devices, transportation to medical appointments and much more.

Medical bills are usually covered by your private health insurance plan, Medicare, Medicaid or PIP. If you receive a settlement with medical bills unpaid the funds received from the settlement will be used to pay these. Your attorney can work to bargain with the billing companies and try to reduce the balances.

Your lawyer can also determine the right amount of damages that will cover your other non-medical related losses. This includes the loss of future earnings or pain and suffering as well as other non-economic damages. Your attorney must provide expert testimony and documentation of these other damages to support your claim.

Loss of wages

In addition to a reimbursement for Injury law firms medical expenses the injured victim may also be entitled to lost wages. These damages are calculated by the amount of time the victim was absent from working due to their injuries. A personal injury attorney lawyer can help their client recover lost wages compensation in a personal injury case.

A brain injury that is traumatic or spinal cord injury for instance, could cause you to miss large amounts of work. You must prove that the accident caused you to miss work. When proving that you lost wages, it is crucial to include any and all sources of income. This includes regular pay, overtime, bonuses and commissions. Include any vacation days that are not used or sick leave.

If your doctor concludes that you are able to return work within specific work limitations, the employer has to respect these limitations. This could mean rearranging your job or providing you with the necessary 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 when the person injured is self-employed or receives a variable salary. In these situations the insurance company will need to examine the individual's past and future earnings and provide an accurate estimate of future lost wages. This may require a detailed financial statement from the plaintiff's accountant or financial expert.

Non-economic damages

When people think of personal injury claims they typically think of cost of medical expenses and lost wages. But there are other expenses associated with injury that are harder to quantify in dollar amounts. These are referred to as non-economic damages. These damages are based on the intangible consequences of an injury to a person, like suffering, pain and enjoyment of life.

Pay stubs and bills can be used to prove damages for economic reasons for courts and juries. Non-economic damages, however, on the contrary, are more difficult to determine and could be based upon subjective factors like suffering, pain, or emotional distress.

The pain and suffering can include any mental, physical or emotional pain caused by the accident. It could also include the person's inability to engage at their normal social or leisure activities. A jury will examine the impact of the injury the victim's life.

Other damages that are not economic include disfigurement, loss in consortium, and loss in enjoyment of life. For instance an individual may be affected by disfigurement following an accident that permanently alters their appearance. While this isn't an economic loss, it can be very painful to live with the scars and other permanent injuries.

Damages for pain and suffering

Pain and suffering are not economic damages that cover the physical and mental stress caused by your accident. These are subjective damages which are decided by the jury, not unlike medical bills or auto repairs. They also do not include lost wages. Each juror has a different opinion about how much compensation for pain and suffering is appropriate in your case.

Documentation is one method to assist jurors in understanding the extent of the injury. Your lawyer can collect documents from your doctor that detail the extent of your injuries, along with photographs and video footage. Testimonies from family members and friends are also persuasive. These testimonies can help to build sympathy with jurors and also show how your accident has impacted aspects of your life, such as hobbies and family activities.

The duration of your injuries could also affect the amount of your settlement for pain and suffering. The amount of pain and suffering awarded is typically higher for severe injury, disabling injuries that heal quickly.

Injuries claims should reflect the psychological and emotional trauma that can be caused by an injury. A personal Injury law firms lawyer can help you create solid evidence and help you negotiate an equitable settlement for all of your injuries. Adam S. Kutner and Associates can offer you an appointment in case you have questions about a settlement that could be possible for an injury.