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What Is an Injury Settlement? A settlement agreement is a legal contract between the plaintiff and defendant to settle the matter outside of court. It is a fast and effective way to receive compensation. Contrary to special damages that can be easily calculated the non-economic damages can be more difficult to quantify in a specific dollar amount. This includes things like suffering and pain. Medical expenses Medical expenses can constitute the majority of a settlement, depending on the degree of the injury. These expenses could include doctor visits, medications and surgery. These costs are typically not covered by insurance, and can be costly. In many cases, there are also an additional cost that are associated with the injury such as home health treatment such as adaptive devices, transportation to medical appointments, and many 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, the funds from the settlement will be used to pay these. Your attorney can work to negotiate with the billing companies and try to reduce the amount due. Your attorney can also determine the appropriate amount to pay for any other losses that are not medically related. This includes loss of future earnings as well as pain and suffering, and other non-economic damage. Your lawyer must 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 Victims of injuries may also be entitled to compensation for lost wages. The amount of damages is calculated based on the duration the victim was unable to work because of their injuries. A personal injury lawyer can help their client collect lost wages as compensation in a personal injuries claim. A brain injury that is traumatic or spinal cord injury for instance, can cause you to be absent for a considerable amount of work. This means you will need to prove that the time you were absent was directly correlated to your accident. When proving that you lost wages, it is essential to include all sources of income. This includes regular wage bonus, overtime, and commissions. Include any unused vacation days or sick leave. If your doctor determines that you are able to return to work in a certain way, but with specific restrictions, your employer must respect these restrictions. This could mean rearranging your job or supplying you with helpful equipment. A personal injury lawyer who is well-versed will assist you in gathering the evidence needed to prove your claim for lost wages. They can also assist when the injured person is self-employed, or receives an undetermined amount of money. In these instances an insurance company will need to look at the past and future earnings of the injured party and provide a fair estimate of the future loss of wages. This will likely require a thorough financial statement from the plaintiff's accountant or financial expert. Non-economic damages When people think of personal injury injuries the first thing they think of is the amount of money lost due to medical expenses and lost wages. There are additional costs that are difficult to quantify in dollars. These are called non-economic damages. They include the more tangible effects of a person's injuries, like pain and suffering and loss of enjoyment of life. Pay stubs and bills may be used to prove economic damages for juries and courts. However, non-economic damages are much more difficult to calculate and are dependent on subjective factors like the pain and suffering as well as the emotional distress caused by the injury. Pain and suffering refers to any physical, mental or emotional distress that is a result of the accident. It could also be the person's inability to engage at their normal social or hobbies. A jury will be able to consider the extent to which the injury has affected the victim's quality of life. Other damages that are not economic include disfigurement, loss in consortium, and loss in enjoyment of life. A person could suffer from disfigurement as a result of an accident that permanently alters their appearance. It's not a financial cost but it can be painful to endure scars or other permanent injuries. Damages for pain and suffering Pain and suffering is a type of non-economic damages for the physical pain and emotional distress you have endured from your accident. These are subjective damages, which must be decided by the jury, unlike medical bills or auto repairs, as well as lost wages. Each juror has their own opinion on the amount of compensation for pain and suffering is appropriate in your particular case. One way to assist a jury recognize the severity of your injuries is through documentation. Your attorney can compile documents from your doctor that provide details of your injuries along with videos and photos. The testimony of family members and friends can be persuasive. injury lawsuit new jersey can be used to make the jury feel sympathy and also show how your accident has affected your life, including hobbies and family activities. The length of your injury may impact the amount you receive for pain and suffering. The amount of pain and suffering awarded is typically higher for severe, disabling injuries than for injuries that heal more quickly. 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 solid evidence and negotiate a fair settlement for all of your injuries. If you have any questions about a possible settlement for your injuries, call Adam S. Kutner & Associates to schedule a consultation.