What Is an Injury Settlement?
An injury settlement is an agreement between the plaintiff and defendant to settle a dispute outside of court. This is a quick and efficient way to get compensation.
Non-economic damages are harder to quantify in dollars. They can be defined as things like suffering and pain.
Medical expenses
Depending on the severity of an injury, medical costs can be a substantial portion of a settlement. This could include doctor's visits as well as medications, surgery and other procedures. Often, these expenses are not covered by health insurance and can be quite costly. In addition, in a lot of cases there are additional costs that come along with injuries, such as home healthcare, adaptive devices, transportation to medical appointments, and so on.
Medical bills are typically covered by a private health insurance company or the government's Medicare or Medicaid or PIP coverage. If you are awarded a settlement with medical bills unpaid and the money received from the settlement will be used to pay them. Your attorney can work to bargain with the billing companies and attempt to reduce the amount due.
Your attorney can also determine the appropriate amount to pay for any other losses that are not medically related. These include the loss of future income, pain and suffering, and other non-economic damages. To claim a claim your attorney will have to submit documentation and expert testimony regarding these additional damages.
Loss of wages
In addition to compensation for medical expenses, injured victims may also be entitled to lost wages. These damages are determined based on the period that the victim was unable work because of their injuries. A personal injury lawyer can assist their clients collect the compensation for lost wages in a personal injury claim.
A traumatic brain injury or spinal cord injury, for example, could cause you to be absent for a considerable amount of work. You must prove that your accident caused you to miss work. When proving that you lost wages, it is essential to include all sources of income. This includes regular wages, overtime, bonuses and commissions. You can also include unused vacation or sick days.
If injury law firm orem has determined that you can return back to work, but with certain restrictions, then the employer must respect these limitations. This could mean changing your job or supplying you with helpful equipment.
A personal injury lawyer who is knowledgeable can assist you in gathering the evidence needed to prove your claim for lost wages. They can also assist when the person who is injured is self-employed or receives an income that fluctuates. In these situations, an insurance company will need to review past and future earnings of the victim and provide a reasonable estimation of future lost wages. This will require a full report from the plaintiff's accountant or financial professional.
Non-economic damage
When people think of personal injury-related damages they typically think of the loss of money due to medical expenses and lost wages. However, there are other costs associated with injury that are harder to quantify in dollar amounts. These are referred to as non-economic damages. They are the more tangible consequences of injuries sustained by a victim, like pain and suffering and loss of enjoyment of life.
Bills and pay stubs can be used to establish economic damages for courts and juries. Non-economic damages, however, on the other hand, are more difficult to calculate and may be based on subjective factors like pain, suffering, and emotional distress.
Pain and suffering refers to any physical, mental or emotional ache that arises from the accident. It could also include the person's inability to engage to their usual social or leisure activities. A jury will examine the impact of the injury on the victim's life.
Other non-economic losses include disfigurement, loss of consortium and loss of enjoyment life. For example someone may suffer from disfigurement after an accident that permanently alters their appearance. While this is not an economic loss however, it can be extremely painful to endure the scars and other permanent injuries.
Damages for pain and Suffering
Pain and suffering are not economic damages which compensate you for the emotional and physical distress caused by your accident. Unlike medical bills, repairs to your vehicle and lost wages, these are more subjective damages that have to be determined by the jury. Every juror will have a different views about the amount of pain and suffering compensation is appropriate for your particular case.
Documentation is one method to help jurors understand the severity of an injury. Attorneys can collect the medical records of your doctor that detail the extent of your injuries, with video footage and photographs. The testimony of family members and friends can be persuasive. These testimonies may help inspire sympathy from the jury and also show how your accident can have a negative impact on your life, like hobbies and family activities.
The duration of your injury can also affect the amount of compensation you receive for pain and suffering. Severe, disabling injuries typically warrant higher pain and suffering awards than injuries that heal quicker.
Injury can cause a lot emotional trauma and stress and a successful injury claim should reflect the severity of the injury. A personal injury lawyer can help you build a strong case and negotiate a fair settlement for all your injuries. If you have questions about an injury settlement contact Adam S. Kutner & Associates to schedule a consultation.
