It's The Complete Cheat Sheet For Injury Compensation

What Is an Injury Settlement?

A settlement agreement is an agreement between the plaintiff and the defendant to settle the case outside of court. It is a fast and efficient method of obtaining compensation.

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

Medical expenses

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

Medical bills are typically paid by a private health insurance company or the government's Medicare or Medicaid or PIP coverage. If you settle that has medical bills that are not paid, the funds from the settlement will be used to pay these. Your lawyer can negotiate with the billing companies and try to reduce the amount due.

Your attorney will also be able determine the right amount of damages that will compensate for any other non-medical expenses. These include the loss of future income, pain and suffering, and other damages that are not economic. Your lawyer must present expert testimony and proof of these damages in order to support your claim.

Lost wages

In addition to the compensation for medical expenses, injured victims may also be entitled to compensation for lost wages. These damages are determined by the length of time that the injured person was unable work because of their injuries. A personal injury lawyer can assist their clients collect lost wages as compensation in a personal injury case.

You could have to miss a significant amount work if suffering a traumatized brain injury, spinal cord injury, or both. You'll need to prove that the accident caused you to be absent from work. It is essential to include all income sources in proving your lost wages. This includes regular pay, overtime, bonuses and commissions. You could also include vacation days or sick days.

If your doctor determines that you can return to work with certain restrictions, your employer must follow these limitations. This might involve changing certain aspects of your job, or even providing helpful equipment.

A personal injury lawyer who is knowledgeable can assist you in gathering the necessary information to support your claim for lost wages. They can also assist with a case where the injured party is self-employed or earns an income that is variable. In such cases the insurance company has to examine the past and future earnings of the injured party and provide an accurate estimate of the lost wages to come. This will likely require a detailed financial statement from the plaintiff's accountant, or a financial professional.

Non-economic damage

When people think of personal injury-related damages, they usually consider the 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, like suffering and pain, as well as loss of enjoyment of life.

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

Pain and suffering includes any physical, mental or emotional distress that is a result of the accident. It could also include a person's inability to participate with their social or recreational activities. The jury will take into consideration the extent to which the injury affected the victim's quality life.

Other non-economic damages include disfigurement, loss of consortium, and loss in enjoyment of life. People may experience disfigurement as a result of an accident that permanently alters their appearance. While this isn't necessarily a financial loss, injured it can be very painful to bear marks and other permanent injuries.

Damages for suffering and pain

Pain and suffering are not economic damages which pay for the physical and emotional trauma caused by your accident. These are subjective damages which are determined by the jury, not unlike medical bills, auto repairs and lost wages. Each juror has their own opinion on what amount of compensation for pain and suffering is appropriate in your particular case.

Documentation is a way to help a juror understand the severity of an injury. Your lawyer can collect written documents from your doctors that provide details of your injuries, with videos and photos. Testimonies from friends and family are also persuasive. These testimonies may help create sympathy among the jury, and reveal how your injury affected your hobbies and activities with your family.

The duration of your injury lawsuits can also affect the amount you receive for pain and suffering. Severe, disabling injuries typically warrant higher pain and suffering settlements than injuries that heal quicker.

Damage claims should be able to reflect the emotional and psychological trauma that can be caused by an injury. A personal injury lawyer will help you build a strong case, and help you get reasonable amount of compensation for your injuries. Adam S. Kutner and Associates can provide you with the opportunity to meet with us should you have any concerns about a settlement that could be possible for an injury.