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Ask Me Anything: 10 Responses To Your Questions About Injury Compensation
What Is an Injury Settlement?

A settlement agreement is a contract between the defendant and plaintiff to settle the case outside of court. It can be a fast and efficient way to get compensation.

Contrary to special damages that can be easily calculated however, non-economic damages are more difficult to determine in a precise dollar amount. This includes things like discomfort and pain.

Medical expenses

Depending on the severity of an injury, medical costs could be a significant portion of the settlement. These could include doctor's appointments as well as medications, surgery and other procedures. Often, these expenses are not covered by health insurance, and can be quite costly. In many cases, there are also an additional cost that are associated with the injury such as home health treatment and adaptive devices, transportation to medical appointments and more.

Medical bills are typically paid by a private health insurance company, the government's Medicare or Medicaid, or your PIP coverage. If you receive a settlement with outstanding medical balances that are not paid, these will need to be satisfied with the settlement funds. Your lawyer can negotiate with the billing companies and try to reduce the balances.

Your attorney can also determine the appropriate amount to pay for any other losses that aren't medically related. This includes the loss of future earnings, pain and suffering and other non-economic losses. To claim a claim, your attorney will need to provide documentation and an expert opinion on these other damages.

Loss of wages

In addition to the compensation for medical expenses, injured victims could also be entitled to lost wages. The amount of damages is determined by the length of time that the person was unable to work as a result 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, could cause you to miss a significant amount of work. You will need to prove that your accident caused you to miss work. It is crucial to include all forms of income in proving the loss of wages. This includes regular wages, overtime, bonuses, and commissions. Include any days of vacation that you have not used or sick leave.

If your doctor concludes that you can return to work within specific work restrictions, the employer must follow these restrictions. This could mean changing certain aspects of your job or supplying useful equipment.

A personal injury lawyer who is knowledgeable can assist you in gathering the required information to back your claim for lost wages. They can also help when the person who is injured is self-employed, or receives a variable salary. In these cases, the insurance company needs to review the person's past and future earnings and provide an accurate estimate of future lost wages. This will require a full statement from the plaintiff’s accountant or financial expert.

Economic damages

When people think about personal injury the first thing they think about is the money lost through medical expenses and lost wage. But, there are additional costs associated with injury which are more difficult 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 such as suffering and pain, and loss of enjoyment of life.

Economic damages are simple for juries and courts to calculate because they can be documented by invoices and pay stubs. However non-economic damages are more difficult to quantify and can be dependent on subjective factors such as the pain and suffering as well as the emotional stress caused by the injury.


The pain and suffering could include physical, mental or emotional trauma caused by the accident. This can include the inability of someone to take part in their normal social or leisure activities. A jury will look at the impact of the injury the victim's life.

Other non-economic losses include disfigurement, loss of consortium, and loss of enjoyment of life. A person could suffer from disfigurement as a result of an accident that permanently alters their appearance. It's not a huge cost to the financial side however it can be painful to endure scars or other permanent injuries.

Damages for suffering and pain

Pain and suffering are not economic damages which pay for the physical and emotional trauma caused by your accident. As opposed to medical bills, auto repair costs and lost wages they are more subjective damages that need to be decided by a jury. Each juror has a different opinion on what amount of compensation for suffering and pain is appropriate for your situation.

Documentation can assist jurors in understanding the seriousness of an injury. Your attorney can collect written records from your doctor that detail the severity and extent of your injuries. They can also collect images and video footage. The testimony of family members and friends can be persuasive. injury claim providence can help to create feelings of sympathy among jurors and show how your injury has impacted your hobbies and family activities.

The severity of your injury may influence the amount of compensation you receive for suffering and pain. Severe, disabling injuries typically result in higher pain and suffering settlements than injuries that heal more quickly.

The claims for injury should reflect the psychological and emotional trauma that can be caused by an injury. Personal injury attorneys can assist you in constructing an effective case, and work towards a fair amount of compensation for all your injuries. If you have questions regarding an injury settlement, call Adam S. Kutner & Associates to schedule a consultation.

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