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What Is an Injury Settlement? An injury settlement is a contract between the plaintiff and the defendant to settle a matter outside of court. It can be a successful method to obtain compensation quickly. Unlike special damages, which can be easily calculated the non-economic damages can be more 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, based on the severity of the injury. These costs can include doctor visits, medication and surgery. Most of the time, these expenses are not covered by health insurance, and are often very costly. In a lot of instances, there are other expenses that are due to the injury such as home health care, adaptive devices, transport to medical appointments and much 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 that has medical bills that are not paid and the money received from the settlement will be used to pay these. Your lawyer can negotiate with the billing companies and attempt to get the balances reduced. Your lawyer will also be able to determine the proper amount to cover any other losses that are not medically related. These include loss of future income, pain and suffering, and other damages that are not economic. Your attorney will need to provide expert testimony and evidence of these other damages to make a proper claim. Lost wages In addition to the compensation for medical expenses Victims of injuries may also be entitled to lost wages. These damages are calculated based on the duration that the victim was unable to work as a result of their injuries. A seasoned personal injury lawyer can assist clients in recovering lost wages in a personal injury case. It is possible to be unable to perform a significant amount of work if you suffer a severe brain injury, a spinal cord injury, or both. This means you'll have to prove that the amount of time you were unable to work was directly connected to your accident. It is important to include all income sources when proving your loss of wages. This includes regular wage and overtime, bonuses and commissions. You could also include vacation days or sick days. If your doctor determines that you can return to work within specific work limitations, the employer has to comply with these restrictions. This might involve changing certain aspects of your job, or even providing helpful equipment. A skilled personal injury lawyer can help you gather the necessary information required to support a lost wage claim. They can also assist with cases in which the victim is self-employed or receives a salary that fluctuates. In these instances the insurance company will have to review the person's past and future earnings and provide a reasonable estimate of future lost wages. This will likely require a detailed financial report from the plaintiff's accountant or financial professional. Non-economic damages When people think about personal injury damages the first thing they think about is the amount lost due to medical expenses and lost wage. But there are other costs associated with injury that are harder to quantify in dollar amounts. These are known as non-economic damages. These damages cover the non-economic effects a person's injury, like suffering, pain and loss of enjoyment of life. Economic damages are simple for courts and juries to calculate because they can be documented with bills and pay stubs. Non-economic damages, on the other hand are more difficult to quantify and can be based upon subjective factors like suffering, pain, and emotional distress. The term “pain and suffering” refers to any physical, mental or emotional pain that results from the accident. This may include the inability of a person to pursue their normal hobbies or social activities. A jury will evaluate the impact of the injury the victim's life. Other non-economic damages include disfigurement loss of consortium, and loss of enjoyment life. For example one could suffer from disfigurement after an accident that permanently alters their appearance. While injury claim memphis is not 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 that compensate for the physical pain and emotional distress that you've suffered from your accident. These are subjective damages that are the responsibility of the jury, not unlike medical bills or auto repairs, as well as lost wages. Each juror will have a different opinion on what amount of compensation for the pain and suffering that they suffer is appropriate for your situation. Documentation can help jurors comprehend the seriousness of an injury. Your attorney can collect written documents from your doctor that detail the severity and extent of your injuries. They can also collect videos and photographs. Testimonies from relatives and friends can also be persuasive. These testimonies can be used to build sympathy with jurors and explain how your injury can have a negative impact on your life, including hobbies and family activities. The duration of your injuries can also affect the amount of your settlement for pain and suffering. Acute, disabling injuries typically require higher pain and suffering settlements than injuries that heal more quickly. Injuries can cause significant emotional trauma and stress and a successful claim for injury should reflect the severity of the injury. Your personal injury lawyer will help you construct an impressive case and help you negotiate an equitable settlement for all of your injuries. Adam S. Kutner and Associates will provide you with an initial consultation in case you have questions about a possible settlement to an injury.