Injury Compensation: The Good, The Bad, And The Ugly
What Is an Injury Settlement?
A settlement agreement is an agreement between the plaintiff and the defendant to settle the dispute outside of court. It can be a fast and efficient method of obtaining compensation.
Non-economic damages are more difficult to quantify in dollar amounts. They can be defined as things like pain and suffering.
Medical expenses
Medical expenses can comprise large portions of a settlement, based on the severity of the accident. injury lawyer tuscaloosa could include doctor's visits or medications, surgeries and other procedures. The majority of these costs are not covered by health insurance and are often very costly. In many cases, there are also an additional cost due to the injury like home health treatment, adaptive devices, transport to medical appointments and more.
Medical bills are typically covered by a private health insurance company, the government's Medicare or Medicaid or PIP coverage. If you get a settlement with outstanding medical balances that are not paid, these must be paid from the settlement funds. Your attorney can work to bargain with the billing companies and try to reduce the amount due.
Your attorney will also be able determine the right amount of damages to be used to cover other non-medical expenses. This includes loss of future earnings, pain and suffering and other non-economic damages. Your attorney will need to provide expert testimony and documentation of these damages in order to be able to claim the proper amount.
Lost wages
In addition to compensation for medical expenses, injured people may also be entitled to compensation for lost wages. These damages are determined by the length of time that the victim was unable work because of their injuries. A personal injury lawyer can assist their clients collect the compensation for lost wages in a personal injury case.
A traumatic brain injury or spinal cord injury for instance, can cause you to miss significant amounts of work. You will have to prove that your accident caused you to be absent from work. It is essential to include all forms of income in proving the loss of wages. This includes regular wage, overtime, bonuses, and commissions. Include any days of vacation that you have not used or sick leave.
If your doctor has determined that you can return to work in a certain way, but with specific limitations, the employer has to adhere to these restrictions. This could mean changing your job or providing you with the necessary equipment.
A personal injury lawyer who is knowledgeable can assist you in gathering the evidence needed to prove your claim for lost wages. They can also aid in cases where the person who is injured is self-employed or receives an undetermined amount of money. In these situations the insurance company will need to examine the individual's past and future earnings and provide a reasonable estimate of future lost wages. This will require a complete account from the plaintiff's accountant or financial expert.
Non-economic damages
When people think about personal injury damages, they usually consider the money lost due to medical expenses and lost wages. However, there are other expenses associated with injury that are difficult to quantify in dollar amounts. These are referred to as non-economic damages. These damages are based on the intangible consequences of an injury to a person, such as suffering, pain, and loss of enjoyment of life.
Bills and pay stubs can be used to prove damages for economic reasons for juries and courts. However, non-economic damages are much more difficult to determine and can be determined by subjective factors, such as the pain and suffering as well as the emotional distress caused by the injury.
The term "pain and suffering" refers to any mental, physical or emotional pain that results from the accident. This can include the inability of someone to take part in their normal social or leisure activities. A jury will consider the extent to which the injury affected the victim's quality of life.
Other non-economic damages are disfigurement, loss of consortium, and loss of enjoyment of life. For instance someone may suffer from disfigurement due to an accident that permanently alters their appearance. It's not a huge expense however, it is painful to live with scars or other permanent injuries.
Damages for pain and suffering
Pain and suffering are non-economic damages that provide you with compensation for the physical and mental stress caused by your accident. These are subjective damages which must be decided by the jury, and not medical bills or auto repairs. They also do not include lost wages. Every juror has a different opinion on the amount of compensation for suffering and pain is appropriate for your situation.
One way to help a jury comprehend the extent of your injuries is through documentation. Your attorney can compile written documents from your doctors which detail the severity of your injuries, with videos and photos. Testimonies from friends and family can be equally convincing. These testimonies may help create sympathy among the jury, and also show how your injury has affected your hobbies and activities with your family.
The severity of your injury may affect the amount you receive for suffering and pain. Pain and suffering awards are typically higher for severe and disabling injuries than injuries that heal faster.
Injury claims should reflect the emotional and psychological trauma that is caused by an accident. Your personal injury attorney can assist you in building an effective case and ensure fair compensation for all of your injuries. If you have questions about a possible injury settlement, call Adam S. Kutner & Associates to arrange a meeting.