The 10 Scariest Things About Injury Compensation
What Is an Injury Settlement?
An injury settlement is an agreement between the plaintiff and defendant to settle a matter outside of court. It can be a fast and effective method to get compensation.
As opposed to special damages, which can be easily calculated the non-economic damages can be more difficult to determine in a precise dollar amount. This includes things like pain and suffering.
Medical expenses
Medical expenses could constitute the majority of a settlement, based on the severity of the injury. These expenses can include doctor visits, medication and surgery. Most of the time, these expenses are not covered by health insurance and can be very expensive. In many instances, there are ancillary expenses associated with the injury, such as home health care or adaptive devices, transportation to medical appointments and more.
Medical bills are usually covered by your private health insurance, Medicare, Medicaid or PIP. If you get a settlement with unpaid medical bills, these will need to be satisfied by the settlement funds. Your attorney can work to negotiate with the billing companies and attempt to get the balances reduced.
Your lawyer will also be able to determine the appropriate amount of damages that will compensate for any other non-medical loss. These include the loss of future income along with pain and suffering and other non-economic damages. To be able to file a claim your attorney will have to prove the existence of these damages and provide expert testimony regarding these additional damages.
Lost wages
In addition to compensation for medical expenses, injured people may also be entitled to compensation for lost wages. These damages are calculated according to the time the victim was unable to work because of their injuries. A personal injury lawyer can assist their client recover lost wages as compensation in a personal injury lawsuit.
You may be forced to miss a significant portion of work if you suffer from a severe brain injury, a 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 in proving your lost wages. This includes regular earnings overtime, bonuses, and commissions. Include any vacation days that are 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 limitations. This could involve modifying certain aspects of your job, or even providing necessary equipment.
A seasoned personal injury lawyer can help collect all the data needed to support a wage claim. They can also assist in cases in which the victim is self-employed or earns a salary that fluctuates. In these instances, the insurance company will have to examine the individual's past and future earnings and provide a reasonable estimate of future lost wages. This will require a full statement from the plaintiff’s accountant or financial expert.
Non-economic damage
When people think of personal injury claims the first thing that comes to mind is the loss of money due to medical expenses and lost wage. However, there are other costs that are associated with injuries that are difficult to quantify in dollar amounts. These are known as non-economic damages. These damages cover the intangible effects of injury, like suffering, pain and loss of enjoyment of life.
Economic damages are simple for courts and juries to determine, since they can be documented with invoices and pay stubs. Non-economic damages, however, on the contrary are more difficult to quantify and can be based upon subjective factors like suffering, pain, or emotional distress.
The pain and suffering could be physical, mental or emotional trauma caused by the accident. It could also include the person's inability to engage to their usual hobbies or social activities. A jury will look at the consequences of the injury to the victim's life.
Other non-economic damages are disfigurement, loss of consortium, and loss in enjoyment of life. For example, a person may be affected by disfigurement following an accident that permanently alters their appearance. injury law firm ventura is not a expense in terms of money however it can be painful to live with scars or other permanent injuries.
Damages to relieve pain and Suffering
Pain and suffering are non-economic damages that provide you with compensation for the emotional and physical distress caused by your accident. Contrary to medical bills and auto repair costs, and lost wages they are more subjective damages which must be determined by the jury. Each juror will have different opinions on the amount of pain and suffering compensation is appropriate for your case.
Documentation is one way to help a juror understand the seriousness of an injury. Your lawyer can gather documents from your doctor which describe the extent and severity of your injuries. You can also gather photos and video footage. The testimony of family and friends can be persuasive. These testimonies may help create feelings of sympathy among jurors and demonstrate how your injury has affected your hobbies and activities with your family.
The duration of your injury may impact the amount you receive for pain and suffering. Awards for pain and suffering are typically higher for severe, disabling injuries than for injuries that heal more quickly.
Injuries can cause significant stress and emotional trauma, and a successful injury claim should reflect that. Your personal injury attorney can help you create an impressive case, and help you get fair amount of compensation for all your injuries. If you have any questions about an injury settlement, call Adam S. Kutner & Associates to arrange a meeting.