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What Is an Injury Settlement?

An injury attorneys settlement is an agreement between the plaintiff and the defendant to settle a dispute outside of court. It is a good method to obtain an amount of money quickly.

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

Medical expenses

Medical expenses can comprise large portions of a settlement, contingent on the degree of the injury. These can include doctor's visits, medications, surgery, and other procedures. These costs are typically not covered by insurance and may be expensive. In many cases, there are also an additional cost that are associated with the injury such as home health care and injury settlement adaptive devices, transportation to medical appointments, and many more.

Medical bills are typically paid by your private health insurance, Medicare, Medicaid or PIP. If you get a settlement with outstanding medical balances that are not paid, these must be paid from the settlement funds. Your attorney can work to bargain with the billing companies and try to reduce the balances.

Your attorney can also determine the appropriate amount of damages that will be used to cover other non-medical losses. This includes loss of future earnings along with pain and suffering and other damages that are not economic. To make a claim, your attorney will need to submit documentation and expert testimony of these other damages.

Lost wages

In addition to compensation for medical costs, injured victims may also be entitled to lost wages. The amount of damages is according to the amount of time the person was absent from work due to injuries. A personal injury lawyer can assist their clients recover the compensation for lost wages in a personal injury lawsuit.

You could have to miss a significant amount work if suffering a traumatized brain injury, spinal cord injury claim or both. You will need to prove that the accident caused you to miss work. In proving the loss of wages, you need to include all sources of income. This includes regular wages and overtime, bonuses and commissions. You could also include vacation days or sick days.

If your doctor decides that you are able to return to work in a certain way, but with specific limitations, injury settlement the employer has to comply with these limitations. This could involve modifying certain aspects of your job or providing necessary equipment.

A seasoned personal injury litigation lawyer can help gather all of the information necessary to prove a lost wage claim. They can also assist in cases in which the victim is self-employed, or receives an undetermined salary. In these instances, the insurance company needs to look over the person's previous and future earnings and provide a reasonable estimate of future lost wages. This is likely to require a detailed financial report from the plaintiff's accountant or financial expert.

Economic damages

When people think about personal injury damages, they usually consider the amount of money lost due to medical expenses and lost wages. However, there are many other costs that are associated with injuries which are more difficult to quantify in dollar amounts. These are known as non-economic damages. They cover the more intangible results of injuries sustained by a victim, such as suffering and pain, and loss of enjoyment of life.

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

The term "pain and suffering" refers to any mental, physical or emotional distress that is a result of the accident. It could be the difficulty of a person to engage in their normal hobbies or social activities. A jury will be able to consider the extent to which the injury affected the victim's quality of life.

Other non-economic damages include disfigurement, loss in consortium, and loss in enjoyment of life. The person might suffer disfigurement following an accident which permanently alters their appearance. While this isn't a financial loss however, it can be extremely painful to endure scratches and other injuries that will last forever.

Damages to relieve pain and Suffering

Pain and suffering are non-economic damages which pay for the physical and mental stress caused by your accident. In contrast to medical bills, repairs to your vehicle and lost wages, these are more subjective damages that must be determined by jurors. Each juror will have different opinions on how much pain and suffering compensation is appropriate for your particular case.

Documentation is one way to help jurors comprehend the severity of an injury. Attorneys can collect the medical records of your doctor that describe the severity of your injuries, with videos and photos. Testimonies from relatives and friends can also be persuasive. These testimonies could help create empathy among jurors, and reveal how your injury has impacted your hobbies and activities with your family.

The duration of your injuries could also affect the amount of your pain and suffering settlement. Severe, disabling injuries typically warrant higher pain and suffering awards than injuries that heal quicker.

Injuries can cause significant stress and emotional trauma, and a successful claim for injury should reflect that. A personal injury lawyer can help you build a strong case and negotiate a fair settlement for all of your injuries. If you have questions about a possible settlement for your injuries you can call Adam S. Kutner & Associates for a free consultation.