What Is an Injury Settlement?
A settlement agreement is a legal contract between the plaintiff and defendant to settle the matter outside of court. It can be a fast and effective method to get compensation.
Contrary to special damages that can be easily calculated however, non-economic damages are more difficult to quantify in a specific dollar amount. This includes things like discomfort and pain.
Medical expenses
Medical expenses could constitute an important portion of a settlement, contingent on the severity of the accident. They can include doctor visits, medications and surgeries. Often, these expenses are not covered by health insurance, and are often very costly. In the majority of cases, there are ancillary costs arising with injuries such as home healthcare, adaptive devices transporting patients to medical appointments, and so on.
Medical bills are usually paid by a private health insurance company or the government's Medicare or Medicaid, or your PIP coverage. If you receive a settlement that contains outstanding medical balances that are not paid, these must be paid with the settlement funds. Your attorney can negotiate with the billing companies to reduce the balances.
Your lawyer will also be able to determine the proper amount of damages you should pay to be used to cover other non-medical loss. This includes the loss of future earnings, pain and suffering and other damages that are not economic. To make a claim your attorney needs to submit documentation and expert testimony regarding these additional damages.
Lost wages
In addition to the compensation for medical expenses, injured people may also be entitled to lost wages. These damages are calculated by the amount of time the victim was off work due to their injuries. A personal injury lawyer can help their clients recover the compensation for lost wages 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 must prove that your accident caused you to miss work. In proving the loss of wages, it is essential to include all sources of income. This includes regular wage and overtime, bonuses and commissions. Include any vacation days that are not used or sick leave.
If your doctor has determined that you can return back to work, but with certain restrictions then your employer must comply with these restrictions. This could mean rearranging your job or providing you with useful equipment.
A skilled personal injury lawyer will help you collect all the data needed to support a wage claim. They can also help when the person who is injured is self-employed or earns an income that fluctuates. In these instances, the insurance company needs to analyze the person's past and future earnings and provide a reasonable estimate of the future loss of wages. This will require a detailed account from the plaintiff's accountant or financial professional.
Non-economic damage
When people think of personal injury-related damages they typically think of the cost of medical expenses and lost wages. However, there are many other costs associated with injury that are difficult to quantify in dollar amounts. These are referred to as non-economic damages. These damages are based on the intangible effects of a person's injury like suffering, pain, and loss of enjoyment of life.
Pay stubs and bills may be used to prove damages for economic reasons for juries and courts. However, non-economic damages are much more difficult to calculate and can be based on subjective factors, like suffering and pain and the emotional stress caused by the injury.
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 leisure activities. A jury will look at the extent to which the injury affected the victim's way of life.
Other economic damages can include disfigurement loss of consortium and loss of enjoyment of life. For example someone may suffer from disfigurement after an accident that permanently alters their appearance. While this isn't an expense, it can be very painful to bear marks and other permanent injuries.
Damages for pain and suffering
Pain and suffering is a category of non-economic damages that compensate for the emotional and physical pain you've experienced as a result of an accident. Unlike medical bills, auto repair costs and lost wages they are more subjective damages that have to be determined by a jury. Each juror will have a different opinion about how much compensation for suffering and pain is appropriate in your particular case.
Documentation is one method to assist jurors in understanding the severity of an injury. Your attorney can obtain documents from your doctor that detail the severity and extent of your injuries. Additionally, he can gather photographs and video footage. The testimony of family and friends can be persuasive. These testimonies can be used to make the jury feel sympathy and also show how your accident has affected your life, including hobbies and family activities.
The duration of your injuries could also affect the amount of your settlement for pain and suffering. Pain and suffering awards are generally higher for serious, disabling injuries than for injuries that heal faster.
Injury claims should reflect the emotional and psychological trauma that is caused by an accident. injury lawsuit inglewood can help you build solid evidence and negotiate a fair settlement for all of your injuries. Adam S. Kutner and Associates can provide you with a consultation for any questions about a settlement that could be possible for an injury.