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Injury Compensation: The Good, The Bad, And The Ugly
What Is an Injury Settlement?

A settlement agreement is a legal contract between the plaintiff and defendant to settle the dispute outside of court. It can be a successful method of obtaining quick compensation.

Unlike special damages, which can be easily calculated but non-economic damages are difficult to pinpoint in a specific dollar amount. This includes things like discomfort and pain.

Medical expenses

Based on the severity of an injury, medical costs can make up a large portion of the settlement. injury law firm cicero could include doctor visits, medications and surgery. These expenses are usually not covered by insurance and can be costly. In addition, in many cases there are ancillary costs associated with injuries such as home healthcare, adaptive devices, transportation to medical appointments, and more.


Medical bills are usually paid by an insurance company that is private or the government's Medicare or Medicaid or your PIP coverage. If you are awarded a settlement that has medical bills that are not paid, the funds from the settlement will be used to pay them. Your attorney can work to negotiate with the billing companies and attempt to reduce the balances.

Your lawyer can also determine the right amount of damages to pay for your other non-medical expenses. This includes the loss of future earnings along with pain and suffering and other damages that are not economic. In order to claim these damages, your attorney will need to provide documentation and expert testimony on these other damages.

Loss of wages

In addition to compensation for medical costs, injured victims may also be entitled to compensation for lost wages. These damages are calculated based on the duration that the victim was unable to work because of their injuries. A personal injury lawyer can assist their clients recover lost wages as compensation in a personal injury case.

It is possible to be unable to perform a significant amount of work if you suffer a traumatized brain injury, spinal cord injury, or both. This means that you'll have to prove that the amount of time you were absent was directly related to the accident. When proving lost wages, it is essential to include any and all sources of income. This includes regular wages overtime, bonuses, and commissions. You could also include vacation days or sick days.

If your doctor concludes that you are able to return to work with certain limitations, the employer has to follow these restrictions. This could mean changing your job or supplying you with helpful equipment.

A personal injury lawyer who is well-versed can assist you with gathering the evidence needed to prove your claim for lost wages. They can also assist when the injured person is self-employed, or receiving an undetermined amount of money. In these situations the insurance company will have to look over the person's previous and future earnings and provide a reasonable estimate of the future loss of wages. This will require a complete declaration from the plaintiff's accountant or financial professional.

Non-economic damage

When people think of personal injury-related damages they typically think of money lost due to medical expenses and lost wages. There are other expenses that are difficult to quantify in dollars. These are known as non-economic damages. They include the more tangible effects of injuries suffered by a person such as suffering and suffering, as well as loss of enjoyment of life.

Economic damages are easy for juries and courts to calculate because they can be documented by invoices and pay stubs. Non-economic damages on the contrary, are more difficult to calculate and may be based on subjective factors such as suffering, pain, and emotional distress.

The suffering and pain can include physical, mental or emotional trauma caused by the accident. It could be the difficulty of a person to pursue their normal social or leisure activities. A jury will consider the extent to which the injury has impacted the victim's quality of life.

Other non-economic damages include disfigurement, loss of consortium and loss of enjoyment of life. People may experience disfigurement after an accident that permanently alters their appearance. While this isn't an expense it is painful to endure the scars and other permanent injuries.

Damages for pain and Suffering

Pain and suffering is a type of non-economic damages for emotional and physical pain that you've suffered from your accident. Contrary to medical bills and auto repair costs and lost wages, these are more subjective damages which must be determined by jurors. Each juror will have a different opinion on how much pain and suffering compensation is appropriate for your particular case.

Documentation is one way to help jurors comprehend the extent of the injury. Your lawyer can gather the doctor's written notes which detail the severity and extent of your injuries. He can also gather videos and photographs. Testimonies from family and friends can be equally convincing. These testimonies can help to build sympathy with jurors and explain how your injury has affected your life, such as hobbies and family activities.

The severity of your injury could affect the amount of compensation you receive for pain and suffering. Compensation for pain and suffering is generally higher for serious injuries that are disabling, as opposed to injuries that heal faster.

The claims for injury should reflect the psychological and emotional trauma that is caused by an injury. A personal injury lawyer can help you construct a strong case and negotiate an equitable settlement for all of your injuries. If you have questions about an injury settlement, call Adam S. Kutner & Associates for a free consultation.

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