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What Is an Injury Settlement?

An injury settlement is a contract between the plaintiff and the defendant to settle a dispute outside of court. It can be a successful method to obtain an amount of money quickly.

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

Medical expenses

Medical expenses can make up large portions of a settlement, depending on the severity of the accident. They can include doctor visits, medications and even surgery. The majority of these costs are not covered by health insurance, and can be very expensive. In many instances, there are other expenses that are due to the injury such as home health care or adaptive devices, transportation to medical appointments and more.

Medical bills are usually paid by your private health insurance plan, Medicare, Medicaid or PIP. If injury claim south bend get a settlement with medical bills unpaid the money from the settlement will be used to pay these. Your attorney can negotiate with billing companies to reduce the amounts.

Your lawyer will also be able to determine the appropriate amount for any other losses that are not medically related. This includes the loss of future earnings as well as pain and suffering, and other non-economic damages. Your attorney must provide expert testimony and documentation of these damages in order to make a proper claim.

Lost wages

In addition to compensation for medical expenses the injured victim may also be entitled to lost wages. The amount of damages is based on the amount of time the victim was absent from work due to their injuries. A skilled personal injury attorney can assist clients in recovering lost wages as compensation in a personal injury claim.

A traumatic brain injury or spinal cord injury for instance, can cause you to be absent for a considerable amount of work. This means that you'll have to prove that the amount of time you missed was directly correlated to your accident. It is important to include all forms of income in proving the loss of wages. This includes regular pay overtime, bonuses, and commissions. You could also include vacation days or sick days.

If your doctor has determined that you are able to return to work with a few restrictions the employer has to respect these restrictions. This could involve modifying certain aspects of your job or supplying necessary 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 aid in cases where the injured person is self-employed or receives a variable wage. In these cases the insurance company has to examine the earnings of the past and the future of the injured party and provide a fair estimate of the future loss of wages. This will require a detailed declaration from the plaintiff's accountant or financial professional.

Non-economic damage

When people think of personal injury claims the first thing they think of is the loss of money due to medical expenses and lost wages. However, there are other costs that are associated with injuries which are more difficult to quantify in terms of dollar amounts. These are known as non-economic damages. They cover the more intangible results of injuries suffered by a person such as pain and suffering and loss of enjoyment of life.

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

The term "pain and suffering" refers to any mental, physical or emotional anguish resulting from the accident. It can also include the person's inability to engage to their usual social or recreational activities. A jury will consider the impact of the injury the victim's life.

Other non-economic damages include disfigurement, loss of consortium and loss of enjoyment of life. For example one could suffer from disfigurement due to an accident that permanently alters their appearance. While this isn't necessarily a financial loss it is painful to live with the scars and other permanent injuries.

Damages for pain and suffering

Pain and suffering is a category of non-economic damages that compensate for the emotional and physical pain you have endured from your accident. Unlike medical bills, auto repair costs, and lost wages, these are more subjective damages that have to be determined by the jury. Each juror will have different opinions on how much pain and suffering compensation is appropriate for your particular case.


Documentation is one way to help a juror understand the severity of an injury. Your attorney can obtain written records from your doctor detailing 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. These testimonies can be used to create sympathy with the jury and also show how your accident has impacted aspects of your life, including hobbies and family activities.

The length of your injuries could also influence the amount of your pain and suffering settlement. Severe, disabling injuries typically result in higher pain and suffering awards than injuries that heal more quickly.

Damage claims should be able to reflect the emotional and psychological trauma that can be caused by an accident. Your personal injury lawyer will help you build solid evidence and work towards a fair settlement for all your injuries. Adam S. Kutner and Associates can offer you a consultation in case you have questions about a settlement that could be possible for an injury.

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