Injury Compensation: The Good, The Bad, And The Ugly
What Is an Injury Settlement?
An injury settlement is a deal between the plaintiff and the defendant to settle the case outside of court. This can be an effective method to obtain the money you need quickly.
Non-economic damages are harder to quantify in dollars. This includes things like pain and discomfort.
Medical expenses
Medical expenses could constitute large portions of a settlement based on the severity of the injury. These could include doctor's appointments and medications, surgeries, and other procedures. Often, these expenses are not covered by health insurance, and are often very costly. In addition, in many instances there are ancillary expenses associated with the injuries such as home healthcare, adaptive devices transporting patients to medical appointments, and so on.
Medical bills are typically paid by a private health insurance company, the government's Medicare or Medicaid or PIP coverage. If you are awarded a settlement with medical bills unpaid the money from the settlement will be used to pay these. Your attorney can work to negotiate with the billing companies and try to get the balances reduced.
Your lawyer can also decide the appropriate amount to pay for any other losses that are not medically related. These include future income loss as well as pain and suffering and other damages that are not economic. Your lawyer must provide expert testimony and documentation of these other damages to be able to claim the proper amount.
Loss of wages
In addition to the compensation for medical expenses, injured people may also be entitled to compensation for lost wages. These damages are determined based on the period that the person was unable to work as a result of their injuries. A personal injury lawyer can help their clients collect lost wages compensation in a personal injury case.
It is possible to be forced to miss a significant portion of work if you suffer a traumatized brain injury, spinal cord injury, or both. You'll need to prove that the accident caused you to miss work. In proving the loss of wages, it is important to include all sources of income. This includes regular wages and overtime, bonuses and commissions. You could also include vacation days or sick days.
If injury lawsuit league city determines that you are able to return to work with certain restrictions, the employer must adhere to these limitations. This could mean changing your job or providing you with equipment that is helpful.
A skilled personal injury lawyer can help gather all of the information needed to support a wage claim. They can also assist with a case when the person who has suffered an injury is self-employed, or receives a salary that fluctuates. In these instances 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 will require a thorough report from the plaintiff's accountant or financial expert.
Non-economic damages
When people think of personal injury damages they usually think of money lost due to medical expenses and lost wages. But, there are additional costs associated with injury that are difficult to quantify in dollar amounts. These are called non-economic damages. They are the more tangible consequences of injuries suffered by a person such as pain and suffering and loss of enjoyment of life.
Economic damages are easy for juries and courts to calculate since they are documented in pay stubs and bills. Non-economic damages, however, on the other hand are more difficult to calculate and may be based upon subjective factors like suffering, pain, or emotional distress.
Pain and suffering includes any mental, physical or emotional distress that is a result of the accident. It could also be an individual's inability to their usual social or leisure activities. A jury will look at the effects of the injury on the victim's life.
Other non-economic damages include disfigurement, loss of consortium, and loss of enjoyment of life. For example an individual may suffer from disfigurement due to an accident that permanently alters their appearance. It is not a financial cost, but it can be painful to live with scars or other permanent injuries.
Damages for pain and suffering
Pain and suffering is a category of non-economic damages for the physical pain and emotional distress you've endured as a result of your accident. These are subjective damages which are determined by the jury, not unlike medical bills and auto repairs as well as lost wages. Every juror will have a different views on how much pain and suffering compensation is appropriate to your case.
Documentation is one method to help a juror understand the severity of an injury. Your attorney can obtain the doctor's written notes that detail the extent and severity of your injuries. They can also collect videos and photographs. Testimonies from friends and family can also be persuasive. These testimonies may help create sympathy with the jury and also show how your accident can have a negative impact on your life, including hobbies and family activities.
The duration of your injuries can influence the amount of your settlement for pain and suffering. Pain and suffering awards are generally higher for serious injuries that are disabling, as opposed to injuries that heal quickly.
The claims for injury should reflect the psychological and emotional trauma that can be caused by an injury. Your personal injury attorney can assist you in building an impressive case, and work towards a fair settlement for all of your injuries. Adam S. Kutner and Associates can offer you a consultation if you have any questions about a possible settlement to an injury.