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What Is an Injury Settlement?
A settlement agreement is an agreement between the defendant and plaintiff to settle the dispute outside of court. It is a fast and effective way to receive compensation.
As opposed to special damages, which can be easily calculated however, non-economic damages are more difficult to pinpoint in a specific dollar amount. They can be defined as things like suffering and pain.
Medical expenses
Based on the severity of an injury, medical costs could be a significant portion of the settlement. These expenses could include doctor visits, medication and surgeries. In most cases, these costs are not covered by health insurance and are often very costly. In addition, in many instances there are ancillary expenses associated to the injuries, including home healthcare, adaptive devices, transportation to medical appointments, and so on.
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 with medical bills that have not been paid the funds received from the settlement will be used to pay them. Your attorney can negotiate with billing companies to lower the amounts.
Your attorney can also determine the appropriate amount to pay for any other losses that aren't medically related. This includes loss of future earnings as well as pain and suffering, and other damages that are not economic. Your lawyer must provide expert testimony and documentation of these damages in order to be able to claim the proper amount.
Loss of wages
In addition to compensation for medical expenses, injured people may also be entitled to compensation for lost wages. These damages are determined based on the period the victim was unable work because of their injuries. A personal injury lawyer can assist their clients recover lost wages as compensation in a personal injury lawsuit.
You may be unable to perform a significant amount of work if suffering a traumatic brain injury, spinal cord injury, or both. You will have to prove that the accident caused you to be absent from work. It is important to include all income sources when proving your lost wages. This includes regular earnings overtime, bonuses, and commissions. Include any days of vacation that you have not used or sick leave.
If your doctor has determined that you are able to return to work, but with certain restrictions then your employer must follow these restrictions. This could mean rearranging your job or providing you with the necessary equipment.
A personal injury lawyer who is experienced will assist you in gathering the evidence needed to prove your claim for lost wages. They can also assist with a case in which the victim is self-employed or has a variable salary. In these cases the insurance company will need to review the person's past and future earnings and provide a reasonable estimate of the future loss of wages. This may require a detailed financial report from the plaintiff's accountant, or a financial professional.
Non-economic damages
When people think of personal injury-related damages they typically think of the loss of money due to medical expenses and lost wages. But, there are other costs that are associated with injuries that are harder to quantify in dollar amounts. These are known as non-economic damages. They are the more tangible consequences of injuries to a person, such as suffering and pain, and loss of enjoyment of life.
injury attorney amarillo are simple for courts and juries to calculate since they can be documented by pay stubs and bills. However non-economic damages are more difficult to quantify and could be determined by subjective factors like suffering and pain and the emotional trauma caused by the injury.
Pain and suffering can refer to any mental, physical or emotional distress that is a result of the accident. It could be the inability of someone to take part in their normal social or leisure activities. A jury will be able to consider the extent to which the injury has 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 suffer from disfigurement due to an accident that permanently alters their appearance. It's not a huge cost to the financial side, but it can be painful to endure scars or other permanent injuries.
Damages for pain and suffering
Pain and suffering are non-economic damages that compensate you for the physical and emotional pain caused by your accident. Unlike medical bills, repairs to your vehicle and lost wages, these are more subjective damages that need to be determined by a jury. Each juror will have a different opinion about how much compensation for the pain and suffering that they suffer is appropriate in your case.
Documentation is one method to assist jurors in understanding the severity of an injury. Your attorney can gather written records from your doctors which detail the severity of your injuries along with videos and photos. Testimonies from family and friends can also be persuasive. These testimonies can be used to build sympathy with jurors and show how your injury can have a negative impact on your life, such as hobbies and family activities.
The duration of your injury can also affect the amount of compensation you receive for suffering and pain. Awards for pain and suffering are typically higher for severe injury, disabling injuries that heal more quickly.
Injuries can cause significant emotional and psychological trauma, and a successful claim for injury should reflect that. Your personal injury attorney will help you build an effective case and work towards a reasonable amount of compensation for your injuries. If you have questions regarding a possible settlement for your injuries contact Adam S. Kutner & Associates to schedule a consultation.