What Is an Injury Settlement?

An settlement for an injury is an agreement between the plaintiff and the defendant to settle a case outside of court. It is a good way to get an amount of money quickly.

In contrast to special damages, which can be easily calculated, non-economic damages are harder to quantify in a specific dollar amount. This includes things like pain and discomfort.

Medical expenses

Depending on the severity an injury, medical expenses can constitute a substantial part of a settlement. This could include doctor's visits or medications, surgeries and other procedures. Most of the time, these expenses are not covered by health insurance and can be extremely expensive. In a lot of instances, there are additional costs related to the injury, such as home health treatment or adaptive devices, transportation to medical appointments and much more.

Medical bills are usually paid by your private health insurance, Medicare, Medicaid or PIP. If you receive a settlement that has unpaid medical balances, these will need to be satisfied with the settlement funds. Your attorney can work to bargain with the billing companies and attempt to get the balances reduced.

Your lawyer can also determine the appropriate amount to cover any other losses that are not medically related. These include loss of future income along with pain and suffering and other damages that are not economic. To claim a claim, your attorney will need to present evidence and an expert opinion on these other damages.

Lost wages

In addition to compensation for medical expenses, injured people may also be entitled to compensation for lost wages. These damages are calculated based on the amount of time that the victim missed from work due to their injuries. A skilled personal injury attorney will assist clients to recover lost wages as compensation in a personal injury claim.

You could have to miss a significant amount work if you suffer a severe brain injury, a spinal cord injury or both. This means that you'll have to prove that the time you were absent was directly related to your accident. It is essential to include all income sources when proving your loss of wages. This includes regular wage and overtime, bonuses and commissions. You can also include unused vacation or sick days.

If your doctor has determined that you can return back to work with a few restrictions then your employer must adhere to these limitations. This could mean changing some aspects of your work or providing beneficial equipment.

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 help in situations where the person who is injured is self-employed or receives a variable wage. In these situations, the insurance company will need to look over the person's previous and future earnings and provide a reasonable estimate of future lost wages. This will require a thorough declaration from the plaintiff's accountant or financial expert.

Non-economic damage

When people think of personal injury claims they usually think of amount of money lost due to medical expenses and lost wages. But there are other expenses associated with injury that are difficult to quantify in dollar amounts. These are known as non-economic damages. These damages cover the non-economic consequences of an injury to a person, such as suffering, pain and loss of enjoyment of life.

Economic damages are easy for courts and juries to calculate, as they can be substantiated by pay stubs and bills. However non-economic damages are more difficult to calculate and may be determined by subjective factors, like suffering and pain, as well as the emotional stress caused by the injury.

Pain and suffering can refer to any physical, mental or emotional anguish resulting from the accident. This could include the difficulty of a person to participate in their usual social or leisure activities. A jury will consider the effects of the injury on the victim's life.

Other non-economic damages are disfigurement, loss in consortium, and loss in enjoyment of life. For example someone may suffer from disfigurement after an accident that permanently alters their appearance. While this isn't a financial loss but it can be painful to live with the scars and other permanent injuries.

Damages for pain and suffering

Pain and suffering are non-economic damages that compensate you for the physical and mental stress caused by your accident. These are subjective damages, which are decided by the jury, in contrast to medical bills or auto repairs, as well as lost wages. Each juror has their own opinion on the amount of compensation for the pain and suffering that they suffer is appropriate for your case.

Documentation is one way to help jurors understand the seriousness of an injury. Your lawyer can gather written records from your doctor detailing the extent and severity of your injuries. You can also gather videos and photographs. The testimony of family and friends can be persuasive. These testimonies can help to inspire sympathy from the jury and show how your injury has affected certain aspects of your life, including hobbies and family activities.

The duration of your injury may impact the amount you receive for pain and suffering. Pain and suffering awards are generally higher for serious, disabling injuries than for injuries that heal quickly.

Injury claims should reflect the emotional and psychological trauma that can be caused by an injury. Your personal injury attorney can help you create an impressive case, and work towards a reasonable amount of compensation for your injuries. Adam S. Kutner and Associates can provide you with the opportunity to meet with us for any questions about a possible settlement to an injury.