4 Dirty Little Secrets About The Injury Compensation Industry

What Is an Injury Settlement?

A settlement agreement is a written agreement between the plaintiff and defendant to settle the case outside of court. It is a fast and effective method to get compensation.

In contrast to special damages, which can be easily calculated the non-economic damages can be more difficult to determine in a precise dollar amount. This includes things like pain and discomfort.

Medical expenses

Medical expenses can make up an important portion of a settlement, depending on the severity of the accident. This could include doctor's visits, medications, injury attorney surgery, and other procedures. These expenses are often not covered by insurance, and can be expensive. In the majority of cases, there are ancillary costs associated with injuries, such as home healthcare, adaptive devices transporting patients to medical appointments, and more.

Medical bills are usually covered by your private health insurance, Medicare, Medicaid or PIP. If you receive a settlement with unpaid medical bills, the funds from the settlement will be used to pay these. Your lawyer can negotiate with the billing companies and try to reduce the balances.

Your lawyer will also be able to determine the proper amount to cover any other losses that aren't medically related. This includes loss of future earnings as well as pain and suffering, and other non-economic damages. To make a claim your attorney needs to prove the existence of these damages and provide an expert opinion on these other damages.

Lost wages

In addition to a reimbursement for medical costs, injured victims may be entitled to compensation for lost wages. These damages are calculated by the amount of time that the victim was absent from work due to their injuries. A skilled personal injury attorney can help their clients recover lost wages as compensation in a personal injury case.

A brain injury that is traumatic or spinal cord injury for instance, can cause you to miss a significant amount of work. This means you'll have to prove that the time you were absent was directly correlated to your accident. It is important to include all income sources when proving your loss of wages. This includes regular wage overtime, bonuses, and commissions. Include any vacation days that are not used or sick leave.

If your doctor decides that you're able to return work within specific work restrictions, your employer must respect these limitations. This could mean changing your job or providing you with the necessary equipment.

A personal injury lawyer who is experienced can assist you with gathering the information needed to support your claim for lost wages. They can also assist with a case when the person who has suffered an injury is self-employed or has an income that is variable. In these cases the insurance company has to review the person's past and future earnings and provide an accurate estimate of future lost wages. This will likely require a full financial statement from the plaintiff's accountant or financial expert.

Non-economic damage

When people think of personal injury attorneys the first thing that comes to mind is the amount of money lost due to medical expenses and lost wages. However, there are many other costs that are associated with injuries that are hard to quantify in terms of dollar amounts. These are referred to as non-economic damages. They cover the more intangible effects of injuries sustained by a victim, such as suffering and pain, injury attorney as well as loss of enjoyment of life.

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

Pain and suffering includes any mental, physical or emotional ache that arises from the accident. This could include the inability to pursue their normal social or leisure activities. A jury will evaluate the consequences of the injury to the victim's life.

Other damages that are not economic include disfigurement, loss of consortium, and loss of enjoyment of life. A person could suffer from disfigurement following an accident which permanently alters their appearance. This isn't a cost to the financial side however, it is painful to live with scars or other permanent injuries.

Damages for suffering and pain

Pain and suffering are non-economic damages which cover the physical and emotional pain caused by your accident. These are subjective damages that are the responsibility of the jury, not unlike medical bills or auto repairs. They also do not include lost wages. Every juror will have a different views about 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 collect documents from your doctor that detail the extent of your injuries along with video and photographs. Testimonies from family and friends can also be persuasive. These testimonies may help create feelings of sympathy among jurors and demonstrate how your injury has affected your hobbies and family activities.

The length of your injuries can affect the amount of your pain and suffering settlement. Disabling, severe injuries usually warrant higher pain and suffering settlements than injuries that heal faster.

Damage claims should be able to reflect the psychological and emotional trauma that is caused by an accident. A personal injury lawyer can help you create solid evidence and work towards a fair settlement for all of your injuries. If you have questions about a possible settlement for your injuries contact Adam S. Kutner & Associates for a free consultation.