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What Is an Injury Settlement? A settlement agreement is an agreement between the plaintiff and defendant to settle the matter outside of court. This can be an effective way to receive the money you need quickly. Non-economic damages are more difficult to quantify in dollar amounts. This includes things like pain and discomfort. Medical expenses Medical expenses can comprise an important portion of a settlement based on the severity of the accident. These can include doctor's visits or medications, surgeries and other procedures. In most cases, these costs are not covered by health insurance, and can be very expensive. In addition, in many instances there are additional costs that come along with injuries such as home healthcare, adaptive devices, transportation to medical appointments, and many more. Medical bills are usually covered by your private health insurance, Medicare, Medicaid or PIP. If you receive a settlement with medical bills unpaid the funds received from the settlement will be used to pay them. Your lawyer can bargain with the billing companies and attempt to reduce the balances. Your lawyer will also be able to determine the appropriate amount to cover any other losses that are not medically related. This includes the loss of future earnings, pain and suffering and other non-economic damage. To claim a claim your attorney will have to submit documentation and expert testimony regarding these additional damages. Loss of wages In addition to compensation for medical expenses, injured victims may also be entitled to lost wages. The amount of damages is in relation to the amount of time that the victim was absent from work because of their injuries. A skilled personal injury attorney will assist clients to recover lost wages as compensation in a personal injury lawsuit. A brain injury that is traumatic or spinal cord injury, for instance, could cause you to be absent for a considerable amount of work. This means you'll have to prove that the time you were absent was directly connected to the accident. It is important to include all forms of income in proving your lost wages. This includes regular pay, overtime, bonuses and commissions. Include any days of vacation that you have not used or sick leave. If injury lawsuit carlsbad has determined that you are able to return to work with a few restrictions, then the employer must respect these restrictions. This could mean rearranging your job or providing you with equipment that is helpful. A personal injury lawyer who is experienced can assist you with gathering the necessary information to support your claim for lost wages. They can also help with a case where the person who is injured is self-employed, or receives an income that is variable. In such cases an insurance company will need to look at the past and future earnings of the victim and give a reasonable estimate of the loss of future wages. This will likely require a full financial statement from the plaintiff's accountant or financial professional. Non-economic damage When people think about personal injury claims the first thing they consider is the amount lost due to medical expenses and lost wage. But, there are other costs associated with injury that are harder to quantify in dollar amounts. These are referred to as non-economic damages. They include the more tangible effects of injuries suffered by a person like suffering and pain, and loss of enjoyment of life. Bills and pay stubs can be used to establish economic damages for juries and courts. Non-economic damages, on the contrary are more difficult to quantify and can be based on subjective factors such as suffering, pain, or emotional distress. Pain and suffering can refer to any mental, physical or emotional ache that arises from the accident. It can also refer to the inability of a person to participate to their usual social or recreational activities. A jury will consider the extent to which the injury has affected the victim's quality of life. Other non-economic damages are disfigurement, loss in consortium, and loss of enjoyment of life. For instance, a person may be affected by disfigurement following an accident that permanently alters their appearance. While this isn't necessarily a financial loss it is painful to bear scratches and other injuries that will last forever. Damages for pain and suffering Pain and suffering are non-economic damages which provide you with compensation for the emotional and physical distress caused by your accident. These are subjective damages, which are decided by the jury, not unlike medical bills, auto repairs and lost wages. Each juror will have a different opinions on how much pain and suffering compensation is appropriate for your case. Documentation is a way to help a juror understand the extent of the injury. Attorneys can collect written records from your doctors that provide details of your injuries along with photographs and video footage. The testimony of family and friends can be persuasive. These testimonies can help to create sympathy with the jury and demonstrate how your injury can have a negative impact on your life, such as hobbies and family activities. The severity of your injury can also impact the amount you receive for pain and suffering. Severe, disabling injuries typically have higher pain and settlements than injuries that heal more quickly. Injuries claims should reflect the emotional and psychological trauma that can be caused by an accident. A personal injury lawyer can help you build a strong case and work towards a fair settlement for all of your injuries. Adam S. Kutner and Associates can offer you an appointment should you have any concerns regarding a possible settlement for an injury.