20 Myths About Injury Compensation: Dispelled

What Is an Injury Settlement?

A settlement agreement is an agreement between the defendant and injury lawsuit plaintiff to settle the case outside of court. It can be a successful method to obtain quick compensation.

Contrary to special damages that can be easily calculated but non-economic damages are difficult to pinpoint in a specific dollar amount. They can be defined as things like pain and suffering.

Medical expenses

Depending on the severity of an injury, medical expenses could be a significant portion of a settlement. These could include doctor's appointments and medications, surgeries, and other procedures. These expenses are often not covered by insurance and may be expensive. In many cases, there are also other expenses that are due to the injury such as home health treatment such as adaptive devices, transportation to medical appointments and more.

Medical bills are usually covered by your private health insurance plan, Medicare, Medicaid or PIP. If you receive a settlement that contains unpaid medical bills, these will need to be satisfied from the settlement funds. Your attorney can negotiate with billing companies to lower the balances.

Your lawyer will also be able to determine the appropriate amount for any other losses that are not medically related. This includes the loss of future earnings, pain and suffering and other non-economic losses. To be able to file a claim, your attorney will need to provide documentation and expert testimony on these other damages.

Loss of wages

In addition to the compensation for medical expenses, injured victims could also be entitled to compensation for lost wages. The amount of damages is based on the amount of time that the victim was off work because of their injuries. A personal injury lawyer can assist their client recover lost wages compensation in a personal injury lawsuit.

A brain injury that is traumatic or spinal cord injury, for example, could cause you to be absent for a considerable amount of work. This means you'll have to prove that the amount of time you didn't work was directly correlated to the accident. When proving that you lost wages, it is essential to include all sources of income. This includes regular earnings, overtime, bonuses and commissions. You could also include vacation days or sick days.

If your doctor has determined that you are able to return to work, but with certain restrictions the employer has to adhere to these restrictions. This could mean changing your job or providing you with helpful equipment.

A personal injury lawyer who is knowledgeable can assist you with gathering the information needed to support your claim for lost wages. They can also assist with cases where the person who is injured is self-employed or earns an undetermined salary. In these instances an insurance company will have to examine the earnings of the past and the future of the victim and provide an accurate estimate of the loss of future wages. This is likely to require a detailed financial report from the plaintiff's accountant or financial expert.

Non-economic damages

When people think of personal injury claims, they usually consider the cost of medical expenses and lost wages. There are other expenses that are difficult to quantify in dollars. These are known as non-economic damages. They cover the more intangible results of injuries sustained by a victim, like suffering and pain, and loss of enjoyment of life.

Pay stubs, bills and other documents can be used to prove economic damages for courts and juries. However non-economic damages are more difficult to quantify and are dependent on subjective factors like pain and suffering and the emotional stress caused by the injury.

Pain and suffering refers to any mental, physical or emotional pain that results from the accident. This can include the inability of someone to engage in their normal hobbies or social activities. A jury will examine the effects of the injury on the victim's life.

Other non-economic damages include disfigurement, loss of consortium, and loss in enjoyment of life. People may experience disfigurement due to an accident that permanently alters their appearance. It's not a huge expense however, it is painful to endure scars or other permanent injuries.

Damages for suffering and pain

Pain and suffering are non-economic damages which cover the physical and emotional trauma caused by your accident. These are subjective damages which must be decided by the jury, and not medical bills or auto repairs. They also do not include lost wages. Each juror will have different views on how much pain and suffering compensation is appropriate for your particular case.

Documentation is one method to help jurors understand the severity of an injury. Your lawyer can gather documents from your doctor which describe the severity and extent of your injuries. They can also collect photographs and video footage. The testimony of family members and friends can be persuasive. These testimonies could help create empathy among jurors, and also show how your injury lawsuit has impacted your hobbies and activities with your family.

The extent of your injury can also affect the amount you receive for pain and suffering. Acute, disabling injuries typically require higher pain and suffering settlements than injuries that heal more quickly.

Injury claims should reflect the emotional and psychological trauma that can be caused by an injury. Your personal injury lawyer can assist you in constructing an effective case and negotiate an equitable settlement for all of your injuries. If you have any questions about an injury settlement make a call to Adam S. Kutner & Associates to schedule a consultation.