What Is an Injury Settlement?
A settlement agreement is a legal contract between the defendant and plaintiff to settle the case outside of court. It can be a fast and effective way to receive compensation.
Non-economic damages are harder to quantify in dollars. This includes things like pain and discomfort.
Medical expenses
Medical expenses can constitute an important portion of a settlement, based on the severity of the accident. These could include doctor's appointments or medications, surgeries and other procedures. Often, these expenses are not covered by health insurance, and are often very costly. In addition, in many cases there are ancillary costs associated with injuries such as home healthcare, adaptive devices, transportation to medical appointments, and so on.
Medical bills are usually covered by your private health insurance, Medicare, Medicaid or PIP. If you receive a settlement that has unpaid medical bills, these must be paid from the settlement money. Your lawyer can negotiate with the billing companies and attempt to get the balances reduced.
Your attorney will also be able determine the right amount of damages to cover your other non-medical related expenses. This includes the loss of future earnings or pain and suffering as well as other damages that are not economic. Your lawyer must present expert testimony and proof of these other damages 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 calculated by the amount of time that the person was absent from working due to their injuries. A seasoned 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 instance, can cause you to miss large amounts of work. You must prove that your accident caused you to miss work. When proving lost wages, you need to include all sources of income. This includes regular earnings overtime, bonuses, and commissions. You can also include unused vacation or sick days.
If your doctor decides that you can return to work within specific work restrictions, your employer must adhere to these restrictions. This could involve modifying certain aspects of your job, or even providing necessary equipment.
A personal injury lawyer who is experienced can help you gather the information needed to support your claim for lost wages. injury lawyer miami beach can also aid in situations where the injured person is self-employed or earns an income that fluctuates. In such cases, an insurance company has to look at the past and future earnings of the person who was injured and provide a reasonable estimation of the future loss of wages. This will require a detailed statement from the plaintiff’s accountant or financial professional.
Economic damages
When people think of personal injury damages, the first thing that comes to mind is the money lost through medical expenses and lost wage. But, there are other costs that are associated with injuries that are hard to quantify in dollar amounts. These are called non-economic damages. They include the more tangible effects of injuries suffered by a person like pain and suffering and loss of enjoyment of life.
Economic damages are simple for juries and courts to calculate, as they are documented in invoices and pay stubs. Non-economic damages, however, on the other hand, are more difficult to calculate and may be based upon subjective factors like suffering, pain, and emotional distress.
The pain and suffering could be physical, mental or emotional trauma caused by the accident. This can include the inability of a person to take part in their normal hobbies or social activities. A jury will consider the extent to which the injury affected the victim's quality of life.
Other damages that are not economic include disfigurement, loss of consortium, and loss in enjoyment of life. For example one could be suffering from a disfigurement as a result of an accident that permanently alters their appearance. It's not a huge expense, but it can be painful to live with scars or other permanent injuries.
Compensations for pain and suffering
Pain and suffering are non-economic damages that pay for the physical and emotional pain caused by your accident. These are subjective damages, that are the responsibility of the jury, in contrast to medical bills, auto repairs and lost wages. Each juror has their own opinion about how much compensation for pain and suffering is appropriate for your situation.
Documentation can help a juror understand the severity of an injury. Attorneys can gather written records from your doctor which detail the extent and severity of your injuries. They can also collect photos and video footage. The testimony of family members and friends can be persuasive. These testimonies may help build sympathy with jurors and explain how your injury has impacted aspects of your life, like hobbies and family activities.
The extent of your injury could affect the amount of compensation you receive for pain and suffering. Injuries that are severe and disabling typically warrant higher pain and suffering awards than injuries that heal faster.
Injury claims should reflect the emotional and psychological trauma that can be caused by an injury. A personal injury lawyer can help you build an impressive case and negotiate a fair settlement for all your injuries. Adam S. Kutner and Associates can offer you the opportunity to meet with us in case you have questions about a possible settlement for an injury.