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What Is an Injury Settlement? A settlement agreement is a legal contract between the defendant and plaintiff to settle the matter outside of court. It is a fast and efficient method of obtaining compensation. Non-economic damages are more difficult to quantify in dollar amounts. This includes things like discomfort and pain. Medical expenses Depending on the severity of an injury, medical costs can make up a large portion of a settlement. These can include doctor's visits and medications, surgeries, and other procedures. These costs are typically not covered by insurance and may be costly. In addition, in many instances there are ancillary expenses associated with injuries such as home healthcare adaptive devices transporting patients to medical appointments and more. Medical bills are usually paid by your private health insurance, Medicare, Medicaid or PIP. If you receive a settlement that contains unpaid medical bills, these must be paid from the settlement money. Your attorney can work to bargain with the billing companies and attempt to reduce the balances. Your attorney can also determine the appropriate amount to pay for any other losses that aren't medically related. These include future income loss along with pain and suffering and other non-economic damages. Your lawyer must present expert testimony and proof of these other damages to make a proper claim. Lost wages In addition to the compensation for medical costs In addition, injured victims could be entitled to lost wages. The amount of damages is determined by the length of time the victim was unable to work as a result of their injuries. An experienced personal injury attorney can assist their clients in recovering the compensation for lost wages in a personal injury claim. You could be forced to miss a significant portion of work if you sustain a traumatized brain injury, spinal cord injury, or both. You'll need to prove that your accident caused you to be absent from work. It is crucial to include all forms of income in proving your lost wages. This includes regular earnings such as overtime, bonuses, bonuses and commissions. Include any days of vacation that you have not used or sick leave. If your doctor has determined that you are able to return to work under certain work restrictions, your employer must adhere to these restrictions. This could mean changing certain aspects of your job or supplying helpful equipment. A skilled personal injury lawyer can help you collect all the data necessary to prove a lost wage claim. They can also help in cases where the person injured is self-employed or receives an income that fluctuates. In these instances, the insurance company needs to examine the individual's past 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. Economic damages When people think about personal injury damages, they usually consider the cost of medical expenses and lost wages. But, there are additional costs associated with injury which are more difficult to quantify in terms of dollar amounts. These are referred to as non-economic damages. They include the more tangible effects of injuries suffered by a person like suffering and pain, as well as loss of enjoyment of life. Economic damages are simple for juries and courts to calculate because they can be substantiated by bills and pay stubs. However non-economic damages are more difficult to quantify and can be determined by subjective factors like pain and suffering and the emotional stress caused by the injury. Pain and suffering includes any mental, physical or emotional ache that arises from the accident. It could also include a person's inability to participate in their usual social or recreational activities. A jury will look at the impact of the injury on the victim's life. Other non-economic damages are disfigurement, loss in consortium, and loss of enjoyment of life. For instance someone may suffer from disfigurement due to an accident that permanently alters their appearance. It is not a expense in terms of money, but it can be painful to endure scars or other permanent injuries. Damages for pain and suffering Pain and suffering are non-economic damages which cover the emotional and physical distress caused by your accident. These are subjective damages which are determined by the jury, not unlike medical bills or auto repairs. They also do not include lost wages. Every juror will have a different views on the amount of pain and suffering compensation is appropriate to your case. One way to assist a jury to understand the extent of your injuries is to provide documentation. Your lawyer can collect documents from your doctor which detail the severity of your injuries, with video footage and photographs. Testimonies from family members and friends are also persuasive. These testimonies may help build sympathy with jurors and show how your injury has affected your life, like hobbies and family activities. The length of your injuries may also influence the amount of your pain and suffering settlement. Disabling, severe injuries usually result in higher pain and suffering settlements than injuries that heal more quickly. Injuries can cause a lot of emotional and psychological trauma, and a successful claim for injury should reflect that. Your personal injury lawyer can help you build a strong case and negotiate a fair settlement for all your injuries. If you have questions about a possible settlement for your injuries, call Adam S. injury law firm moreno valley & Associates for a consultation.