What Is an Injury Settlement?
A settlement agreement is a legal contract between the plaintiff and defendant to settle the case outside of court. This can be a quick and effective way to receive compensation.
Non-economic damages are more difficult to quantify in dollar amounts. These include things like pain and suffering.
Medical expenses
Medical expenses could constitute large portions of a settlement, depending on the degree of the injury. These costs can include doctor visits, medications and even surgery. In most cases, these costs are not covered by health insurance and can be quite costly. In addition, in a lot of cases there are ancillary expenses associated to the injuries, including home healthcare, adaptive devices, transportation to medical appointments, and more.
Medical bills are typically covered by a private health insurance provider, the government's Medicare or Medicaid or your PIP coverage. If you receive a settlement that has unpaid medical balances, these will need to be satisfied from the settlement money. Your attorney can negotiate with billing companies to lower the balances.
Your lawyer can also determine the appropriate amount for any other losses that aren't medically related. This includes the loss of future earnings, pain and suffering and other damages that are not economic. Your lawyer will have to provide expert testimony and evidence of these other damages in order to establish a valid claim.
Loss of wages
In addition, to compensation for medical expenses the injured victim may also be entitled to compensation for lost wages. The amount of damages is according to the amount of time the victim was off work because of their injuries. A personal injury lawyer can help their clients recover the compensation for lost wages in a personal injury case.
A traumatic brain injury or spinal cord injury for instance, could cause you to be absent for a considerable amount of work. This means that you'll need to prove that the amount of time you were absent was directly connected to the accident. It is crucial to include all income sources in proving the loss of wages. This includes regular wages overtime, bonuses, and commissions. You can also include unused vacation or sick days.
If your doctor decides that you are able to return to work within specific work limitations, the employer has to adhere to these restrictions. This could mean rearranging your job or providing you with equipment that is helpful.
A knowledgeable personal injury lawyer will help you gather all of the information needed to support a wage claim. They can also help when the person injured is self-employed or receives an undetermined amount of money. In such cases, an insurance company must review past and future earnings of the injured party and provide a reasonable estimation of the loss of future wages. injury attorney baytown is likely to require a full financial statement from the plaintiff's accountant or financial professional.
Non-economic damages
When people think of personal injury damages they usually think of money lost due to medical expenses and lost wages. There are additional costs that are difficult to quantify in dollars. These are known as non-economic damages. They include the more tangible effects of a person's injuries, like pain and suffering 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 based on subjective factors, like pain and suffering and the emotional distress caused by the injury.
Pain and suffering refers to any mental, physical or emotional distress that is a result of the accident. This can include the inability of a person to participate in their usual hobbies or social activities. A jury will look at the extent to which the injury has affected the victim's quality life.
Other non-economic damages include disfigurement, loss of consortium and loss of enjoyment of life. For instance an individual may suffer from disfigurement due to an accident that permanently alters their appearance. While this isn't necessarily an expense it is painful to endure scratches and other injuries that will last forever.
Damages for pain and suffering
Pain and suffering are non-economic damages that cover the physical and mental stress caused by your accident. These are subjective damages which are determined by the jury, unlike medical bills or auto repairs. They also do not include lost wages. Each juror will have different opinion on how much pain and suffering compensation is appropriate for your particular case.
One way to assist a jury to understand the severity of your injuries is through documentation. Attorneys can gather the doctor's written notes which detail the extent and severity of your injuries. You can also gather images and video footage. Testimonies from relatives and friends can be equally convincing. These testimonies can be used to make the jury feel sympathy and also show how your accident has affected certain aspects of your life, like hobbies and family activities.
The severity of your injury can also impact the amount you receive for pain and suffering. Acute, disabling injuries typically have higher pain and settlements than injuries that heal faster.
Injuries can create a lot of emotional and psychological trauma, and a successful injury claim should reflect the severity of the injury. A personal injury lawyer can help you create solid evidence and help you negotiate an equitable settlement for all your injuries. If you have questions about a possible settlement for your injuries contact Adam S. Kutner & Associates to arrange a meeting.