What Is an Injury Settlement?
An injury settlement is an agreement between the plaintiff and the defendant to settle the case outside of court. It is a good way to get quick compensation.
Contrary to special damages that can be easily calculated but non-economic damages are difficult to pinpoint in a specific dollar amount. This includes things like suffering and pain.
Medical expenses
Depending on the severity of an injury, medical expenses could be a significant portion of the settlement. These costs can include doctor visits, medications and surgeries. Often, these expenses are not covered by health insurance and are often very costly. In many instances, there are ancillary expenses due to the injury like home health treatment or adaptive devices, transportation to medical appointments and much more.
Medical bills are typically covered by an insurance company that is private, the government's Medicare or Medicaid, or your PIP coverage. If you receive a settlement that has unpaid medical balances, they will need to be satisfied by the settlement funds. Your attorney can negotiate with the billing companies to reduce the amounts.
Your lawyer can also determine the appropriate amount for any other losses that aren't medically related. These include future income loss, pain and suffering, and other damages that are not economic. To make a claim your attorney will have to submit documentation and expert testimony on these other damages.
Lost wages
In addition to the compensation for medical costs, injured victims may also be entitled to compensation for lost wages. These damages are calculated in relation to the amount of time the victim was off work because of their injuries. An experienced personal injury attorney can assist clients in recovering the compensation for lost wages in a personal injury lawsuit.
You could have to miss a significant amount work if you suffer from a traumatic brain injury, spinal cord injury, or both. You will need to prove that your accident caused you to be absent from work. In order to prove lost wages, you need to include any and all sources of income. This includes regular wages, overtime, bonuses and commissions. You could also include vacation days or sick days.
If your doctor determines that you're able to return work under certain work limitations, the employer has to comply with these limitations. This could mean changing your job or supplying you with the necessary equipment.
A knowledgeable personal injury lawyer can help collect all the evidence necessary to prove a lost wage claim. They can also assist in cases where the person injured is self-employed or receives an income that fluctuates. In these situations, the insurance company has to look over the person's previous and future earnings and provide a reasonable estimate of the future loss of wages. This will require a full statement from the plaintiff’s accountant or financial expert.
Economic damages
When people think about personal injury damages the first thing they consider is the amount lost due to medical expenses and lost wage. However, there are many other costs that are associated with injuries that are difficult to quantify in terms of dollar amounts. These are known as non-economic damages. These damages are based on the intangible consequences of an injury to a person, like pain, suffering and loss enjoyment of life.
Economic damages are easy for courts and juries to calculate, as they are documented in pay stubs and bills. However, non-economic damages are much more difficult to determine and are determined by subjective factors, like suffering and pain, as well as the emotional distress caused by the injury.
The term "pain and suffering" refers to any physical, mental or emotional ache that arises from the accident. It could be the inability of someone to take part in their normal social or leisure activities. A jury will look at the extent to which the injury has impacted the victim's quality of life.
injury attorney albuquerque can include disfigurement loss of consortium and loss of enjoyment of life. For instance one could be suffering from a disfigurement as a result of an accident that permanently alters their appearance. While this isn't necessarily an economic loss, it can be very painful to bear marks and other permanent injuries.
Damages for pain and suffering
Pain and suffering are non-economic damages that provide you with compensation for the physical and emotional trauma caused by your accident. These are subjective damages, which must be decided by the jury, not unlike medical bills, auto repairs and lost wages. Each juror has their own opinion on how much compensation for pain and suffering is appropriate for your case.
One way to assist a jury to understand the extent of your injuries is to provide documentation. Your attorney can gather written documents from your doctors that describe the severity of your injuries along with video and photographs. The testimony of family and friends can be persuasive. These testimonies may help build sympathy with jurors and also show how your accident can have a negative impact on your life, such as hobbies and family activities.
The duration of your injuries can influence the amount of your settlement for pain and suffering. Disabling, severe injuries usually have higher pain and settlements than injuries that heal more quickly.
Damage claims should be able to reflect the psychological and emotional trauma that can be caused by an injury. A personal injury lawyer can help you create solid evidence and work towards a fair settlement for all your injuries. Adam S. Kutner and Associates can offer you an appointment should you have any concerns regarding a possible settlement for an injury.