What Is an Injury Settlement?
A settlement agreement is a contract between the plaintiff and defendant to settle the matter outside of court. This can be an effective method of obtaining compensation quickly.
As opposed to special damages, which can be easily calculated but non-economic damages are difficult to quantify in a specific dollar amount. This includes things like pain and discomfort.
Medical expenses
Based on the severity of an injury, medical costs 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 many cases, there are also other expenses that are that are associated with the injury such as home health care or adaptive devices, transportation to medical appointments and more.
Medical bills are typically paid by an insurance company that is private, the government's Medicare or Medicaid or your PIP coverage. If you receive a settlement that has medical bills that are not paid the money from the settlement will be used to pay them. Your attorney can negotiate with billing companies to lower the amounts.
Your lawyer will also be able determine the right amount of damages needed to be used to cover other non-medical expenses. This includes loss of future earnings or pain and suffering as well as other non-economic damage. To be able to file a claim your attorney must to provide documentation and expert testimony of these other damages.
Loss of wages
In addition to the compensation for medical costs, injured victims may also be entitled to compensation for lost wages. These damages are calculated in relation to the amount of time the victim was absent from work due to their injuries. A personal injury lawyer can assist their client recover the compensation for lost wages in a personal injuries claim.
It is possible to have to miss a significant amount work if you suffer from a severe brain injury, a spinal cord injury or both. This means that you'll have to prove that the amount of time you were absent was directly related to your accident. It is essential to include all forms of income in proving your lost wages. This includes regular pay as well as overtime, bonuses and commissions. Include any days of vacation that you have not used or sick leave.
If your doctor has determined that you can return back to work under certain limitations then your employer must respect these restrictions. This might involve changing certain aspects of your job, or even providing necessary equipment.
A seasoned personal injury lawyer can help gather the necessary information necessary to prove a lost wage claim. They can also aid in cases where the person injured is self-employed, or receiving a variable salary. In such cases the insurance company will need to examine the past and future earnings of the injured party and give a reasonable estimate of the loss of future wages. This will require a detailed statement from the plaintiff’s accountant or financial expert.
Economic damages
When people think about personal injury damages, they usually consider the loss of money due to medical expenses and lost wages. There are other expenses that are difficult to quantify in dollars. These are called non-economic damages. They cover the more intangible results of a person's injuries, like pain and suffering and loss of enjoyment of life.
Economic damages are easy for courts and juries to calculate because they can be documented with bills and pay stubs. However non-economic damages are more difficult to determine and can be determined by subjective factors, such as suffering and pain, as well as the emotional distress caused by the injury.
Pain and suffering refers to any mental, physical or emotional pain that results from the accident. This could include the inability of someone to pursue their normal social or leisure activities. A jury will evaluate the impact of the injury the victim's life.
Other non-economic damages include disfigurement, loss in consortium, and loss of enjoyment of life. For injury lawyer evansville may be suffering from a disfigurement as a result of an accident that permanently alters their appearance. It's not a huge expense in terms of money however, it is painful to bear scars or other permanent injuries.
Damages for suffering and pain
Pain and suffering are non-economic damages which compensate you for the emotional and physical distress caused by your accident. These are subjective damages which must be decided by the jury, not unlike medical bills or auto repairs. They also do not include lost wages. Every juror has a different opinion on how much compensation for pain and suffering is appropriate in your case.
One way to assist a jury understand the severity of your injuries is to provide documentation. Attorneys can collect the medical records of your doctor that provide details of your injuries, with photographs and video footage. Testimonies from family members and friends can be equally convincing. These testimony can help inspire sympathy from the jury and demonstrate how your injury has affected your life, such as hobbies and family activities.
The length of your injury could impact the amount you receive for pain and suffering. Severe, disabling injuries typically warrant higher pain and suffering awards than injuries that heal more quickly.
Injuries can cause a lot of emotional and psychological trauma, and a successful claim for injury should reflect the severity of the injury. A personal injury lawyer can help you construct an effective case and work towards a fair settlement for all of your injuries. If you have questions regarding the possibility of settling your injury, call Adam S. Kutner & Associates to schedule a consultation.