4 Dirty Little Secrets About The Injury Compensation Industry
What Is an Injury Settlement?
An injury settlement is a deal between the plaintiff and defendant to settle a dispute outside of court. It can be a successful method of obtaining an amount of money quickly.
Unlike special damages, which can be easily calculated the non-economic damages can be more difficult to pinpoint in a specific dollar amount. This includes things like pain and discomfort.
Medical expenses
Based on the severity of an injury law firms, medical expenses can constitute a substantial part of a settlement. These can include doctor's visits and medications, surgeries, and other procedures. In most cases, these costs are not covered by health insurance and can be quite costly. In a lot of cases, there are also other expenses that are associated with 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 company or the government's Medicare or Medicaid or PIP coverage. If you receive a settlement with medical bills that have not been paid and the money received from the settlement will be used to pay them. Your lawyer can negotiate with the billing companies and try to get the balances reduced.
Your lawyer will also be able to determine the appropriate amount to pay for any other losses that are not medically related. This includes loss of future earnings, pain and suffering and other damages that are not economic. To make a claim your attorney will have to present evidence and expert testimony regarding these additional damages.
Lost wages
In addition, to compensation for medical costs, injured victims may be entitled to compensation for lost wages. These damages are calculated according to the amount of time that the victim missed from working due to their injuries. An experienced personal injury attorney can assist clients in recovering lost wages in a personal injury case.
A brain injury that is traumatic or spinal cord injury for instance, could cause you to miss a significant amount of work. This means that you'll need to prove that the amount of time you missed was directly related to your accident. It is important to include all forms of income in proving the loss of wages. This includes regular wage overtime, bonuses, and commissions. You could also include vacation days or sick days.
If your doctor has determined that you can return to work within specific work restrictions, the employer must respect these restrictions. This could mean rearranging your job or providing you with helpful equipment.
A personal injury lawyer who is well-versed can help you gather the evidence needed to prove your claim for lost wages. They can also assist in cases when the person who has suffered an injury is self-employed or injury lawyer has an undetermined salary. In these situations, the insurance company will need to review the person's past and future earnings and provide an accurate estimate of the future loss of wages. This may require a full financial statement from the plaintiff's accountant, or a financial professional.
Economic damages
When people think about personal injury damages the first thing that comes to mind is the loss of money due to medical expenses and lost wages. There are other costs that are difficult to quantify in dollars. These are referred to as non-economic damages. These damages are for the intangible consequences of an injury to a person, like suffering, pain, and loss of enjoyment of life.
Pay stubs, bills and other documents can be used to establish economic damages for injury lawyer juries and courts. However, non-economic damages are much more difficult to quantify and are determined by subjective factors, like pain and suffering and the emotional distress caused by the injury.
Pain and suffering refers to any physical, mental or emotional anguish resulting from the accident. This may include the inability of someone to participate in their usual social or leisure activities. A jury will evaluate the impact of the injury on the victim's life.
Other non-economic damages include disfigurement loss of consortium, and loss of enjoyment of life. A person may suffer disfigurement as a result of an accident that permanently alters their appearance. While this is not an expense but it can be painful to live with marks and other permanent injuries.
Damages for pain and suffering
Pain and suffering are not economic damages that compensate you for the physical and emotional trauma caused by your accident. These are subjective damages which must be decided by the jury, and not medical bills and auto repairs as well as lost wages. Every juror has a different opinion on what amount of compensation for pain and suffering is appropriate for your situation.
One way to help a jury understand the extent of your injuries is to provide documentation. Your attorney can compile written records from your doctors that detail the extent of your injuries, along with video and photographs. Testimonies from family and friends are also persuasive. These testimonies may help create feelings of sympathy among jurors and demonstrate how your injuries have affected your hobbies and family activities.
The length of your injuries can also affect the amount of your pain and suffering settlement. Compensation for pain and suffering is typically higher for severe injury, disabling injuries that heal quicker.
Injuries can create a lot of emotional trauma and stress and a successful injury claim should reflect the severity of the injury. Your personal injury lawyer can help you create an effective case and help you negotiate a fair settlement for all of your injuries. Adam S. Kutner and Associates will provide you with a consultation if you have any questions about a possible settlement to an injury.