What Is an Injury Settlement?
A settlement agreement is an agreement between the plaintiff and defendant to settle the dispute outside of court. It is a fast and efficient way to get compensation.
Non-economic damages are harder to quantify in dollar amounts. This includes things like pain and discomfort.
Medical expenses
Medical expenses could constitute large portions of a settlement, depending on the severity of the accident. These could include doctor's appointments as well as medications, surgery and other procedures. These expenses are usually not covered by insurance and may be expensive. In a lot of instances, there are ancillary expenses due to the injury such as home health care such as adaptive devices, transportation to medical appointments and much more.
Medical bills are usually paid by a private health insurance provider or the government's Medicare or Medicaid or your PIP coverage. If you get a settlement with outstanding medical balances that are not paid, these will need to be satisfied from the settlement money. Your attorney can negotiate with billing companies to reduce the amounts.
Your lawyer can also determine the appropriate amount of damages to pay for your other non-medical losses. These include the loss of future income or pain and suffering and other damages that are not economic. In order to claim these damages your attorney must to present evidence and an expert opinion on these other damages.
Lost wages
In addition to compensation for medical expenses Victims of injuries may also be entitled to compensation for lost wages. The amount of damages is calculated based on the duration that the person was unable or unable to work because of their injuries. A seasoned personal injury lawyer will assist clients to recover lost wages as compensation in a personal injury lawsuit.
A traumatic brain injury or spinal cord injury for instance, can cause you to miss a significant amount of work. You will have to prove that the accident caused you to miss work. It is important to include all income sources when proving your lost wages. This includes regular wages overtime, bonuses, and commissions. Include any vacation days that are not used or sick leave.
If your doctor determines that you are able to return work under certain work restrictions, your employer must comply with these limitations. This could involve modifying certain aspects of your work or providing helpful equipment.
A personal injury lawyer who is experienced can help you gather the required information to back your claim for lost wages. They can also help in a case when the person who has suffered an injury is self-employed or has an income that is variable. In these cases the insurance company will have to review past and future earnings of the injured party and provide a reasonable estimation of the future loss of wages. This will require a full report from the plaintiff's accountant or financial professional.
Non-economic damages
When people think of personal injury damages, the first thing they think of is the amount lost due to medical expenses and lost wage. However, there are many other costs that are associated with injuries which are more difficult to quantify in dollar amounts. These are known as non-economic damages. These damages cover the non-economic effects of injury, like suffering, pain, and loss of enjoyment of life.
Economic damages are easy for courts and juries to calculate, as they can be documented with pay stubs and bills. Non-economic damages, on other hand are more difficult to determine and could be based upon subjective factors such as suffering, pain, or emotional distress.
The pain and suffering could include physical, mental or emotional stress caused by the accident. It can also include an individual's inability with their social or leisure activities. A jury will consider the impact of the injury on the victim's life.
Other non-economic damages include disfigurement loss of consortium and loss of enjoyment life. A person could suffer from disfigurement following an accident which permanently alters their appearance. It's not a expense however, it is painful to endure scars or other permanent injuries.
Damages to relieve pain and Suffering
Pain and suffering is a class of non-economic damages to compensate for the emotional and physical suffering that you've suffered from your accident. These are subjective damages which are determined by the jury, not unlike medical bills, auto repairs and lost wages. Each juror will have a different views on how much pain and suffering compensation is appropriate for your case.
One method to help jurors recognize the extent of your injuries is by providing documentation. Your attorney can gather documents from your doctor that provide details of your injuries, along with video footage and photographs. The testimony of family and friends can be persuasive. These testimonies can be used to make the jury feel sympathy and explain how your injury can have a negative impact on your life, like hobbies and family activities.
The length of your injury could affect the amount you receive for pain and suffering. Severe, disabling injuries typically result in higher pain and suffering settlements than injuries that heal more quickly.
Injury claims should reflect the emotional and psychological trauma that is caused by an injury. Your personal injury lawyer will help you construct a strong case and work towards an equitable settlement for all your injuries. If you have questions regarding a possible settlement for your injuries you can call Adam S. injury settlement fort collins & Associates to arrange a meeting.