What Is an Injury Settlement?

A settlement agreement is an agreement between the defendant and plaintiff to settle the dispute outside of court. This can be an effective way to receive the money you need quickly.

Non-economic damages are more difficult to quantify in dollar amounts. This includes things like pain and discomfort.

Medical expenses

Medical expenses can constitute the majority 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 often not covered by insurance and can be costly. In a lot of instances, there are an additional cost associated with the injury, like home health treatment or adaptive devices, transportation to medical appointments and more.

Medical bills are usually paid by your private health insurance, Medicare, Medicaid or PIP. If you receive a settlement with medical bills unpaid the money from the settlement will be used to pay these. Your attorney can negotiate with the billing companies to reduce the amounts.

Your attorney can also determine the proper amount of damages you should pay to compensate for any other non-medical expenses. These include future income loss as well as pain and suffering and other non-economic damages. Your lawyer will have to present expert testimony and proof of these other damages to make a proper claim.

Loss of wages

In addition to a reimbursement for medical costs the injured victim may also be entitled to lost wage. The amount of damages is based on the amount of time that the victim missed from work due to their injuries. A personal injury lawyer can help their clients collect lost wages as compensation in a personal injury lawsuit.

A traumatic brain injury or spinal cord injury for example, could cause you to be absent for a considerable amount of work. You will need to prove that your accident caused you to be absent from work. It is important to include all forms of income when proving your loss of wages. This includes regular wage bonus, overtime, and commissions. You could also include vacation days or sick days.

If your doctor decides that you are able to return work in a certain way, but with specific restrictions, your employer must follow these restrictions. This could mean rearranging your job or supplying you with equipment that is helpful.

A personal injury lawyer who is experienced can assist you in gathering the evidence needed to prove your claim for lost wages. They can also help in cases when the person who has suffered an injury is self-employed, or receives a salary that fluctuates. In these situations the insurance company has to analyze the person's past and future earnings and provide an accurate estimate of future lost wages. This will require a thorough statement from the plaintiff’s accountant or financial expert.

Economic damages

When people think of personal injury damages the first thing that comes to mind is the amount of money lost due to medical expenses and lost wages. There are additional costs that are difficult to quantify in dollars. These are referred to as non-economic damages. They cover the more intangible effects of a person's injuries, such as suffering and pain, as well as loss of enjoyment of life.

Economic damages are easy for courts and juries to calculate since they can be substantiated by bills and pay stubs. Non-economic damages, on the contrary are more difficult to quantify and can be based upon subjective factors such as suffering, pain, and emotional distress.

The pain and suffering can be physical, mental or emotional stress caused by the accident. It could be the inability of someone to take part in their normal social or leisure activities. A jury will look at the impact of the injury on the victim's life.

Other non-economic losses include disfigurement, loss of consortium, and loss of enjoyment of life. For example an individual may suffer from disfigurement due to an accident that permanently alters their appearance. While this isn't an economic loss but it can be painful to bear scratches and other injuries that will last forever.

Damages for suffering and pain

Pain and suffering are non-economic damages which cover the physical and mental stress caused by your accident. These are subjective damages which are determined by the jury, not unlike medical bills or auto repairs. They also do not include lost wages. Each juror will have a different opinions on the amount of pain and suffering compensation is appropriate for your particular case.

Documentation is one way to assist jurors in understanding the seriousness of an injury. Your attorney can obtain documents from your doctor which detail the severity and extent of your injuries. Additionally, he can gather images and video footage. Testimonies from friends and family can also be persuasive. These testimonies may help create feelings of sympathy among jurors and injury lawsuit show how your injury lawyers has impacted your hobbies and family activities.

The length of your injuries can influence the amount of your settlement for pain and suffering. Pain and suffering awards are typically higher for severe injuries that are disabling, as opposed to injuries that heal more quickly.

Damage claims should be able to reflect the psychological and emotional trauma that is caused by an injury. An attorney for personal injuries can help you create an effective case, and ensure fair settlement for all of your injuries. Adam S. Kutner and Associates can provide you with the opportunity to meet with us if you have any questions about a settlement that could be possible for an injury.