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What Is an Injury Settlement? A settlement agreement is a written agreement between the plaintiff and the defendant to settle the matter outside of court. This can be an effective method to obtain the money you need quickly. Non-economic damages are more difficult to quantify in dollars. These include things like pain and suffering. Medical expenses Based on the severity of an injury, medical costs can make up a large portion of the settlement. These costs can include doctor visits, medications and even surgery. In most cases, these costs are not covered by health insurance and can be very expensive. In a lot of instances, there are ancillary expenses that are associated with the injury such as home health treatment, adaptive devices, transport to medical appointments and more. Medical bills are typically covered by a private health insurance company or the government's Medicare or Medicaid or PIP coverage. If you get 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 bargain with the billing companies and try to reduce the amount due. Your attorney can also determine the appropriate amount for any other losses that aren't medically related. These include future income loss or pain and suffering and other non-economic damages. To claim a claim, your attorney will need to present evidence and expert testimony of these other damages. injury lawsuit erie of wages In addition to the compensation for medical expenses, injured victims may also be entitled to lost wages. The amount of damages is according to the amount of time the person was absent from work due to injuries. A personal injury lawyer can assist their clients collect the compensation for lost wages 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. You will have to prove that your accident caused you to be absent from work. In order to prove lost wages, it is important to include any and all sources of income. This includes regular wages bonus, overtime, and commissions. You could also include vacation days or sick days. If your doctor determines that you are able to return to work with certain limitations, the employer has to follow these limitations. This could mean rearranging your job or supplying you with the necessary equipment. A seasoned personal injury lawyer will help you collect all the data needed to support a wage claim. They can also assist in a case in which the victim is self-employed or has an income that is variable. In such cases, an insurance company will have to examine the earnings of the past and the future of the victim and provide a reasonable estimation of future lost wages. This may require a full financial statement from the plaintiff's accountant, or a financial professional. Non-economic damages When people think of personal injury damages they usually think of money lost due to medical expenses and lost wages. There are other costs that are hard to quantify in dollars. These are referred to as non-economic damages. They cover the more intangible effects of a person's injuries, like suffering and pain, as well as loss of enjoyment of life. Pay stubs and bills can be used to prove damages for economic reasons for courts and juries. However non-economic damages are more difficult to calculate and could be determined by subjective factors like the pain and suffering as well as the emotional trauma caused by the injury. Pain and suffering refers to any mental, physical or emotional pain that results from the accident. This could include the inability of a person to pursue their normal social or leisure activities. A jury will examine the impact of the injury on the victim's life. Other non-economic damages include disfigurement, loss of consortium, and loss of enjoyment of life. People may experience disfigurement following an accident which permanently alters their appearance. While this isn't an expense however, it can be extremely painful to live with scars and other permanent injuries. Compensations for pain and suffering Pain and suffering is a category of non-economic damages that compensate for the physical pain and emotional distress that you've suffered from your accident. These are subjective damages which must be decided by the jury, not unlike medical bills or auto repairs, as well as lost wages. Every juror has a different opinion about how much compensation for the pain and suffering that they suffer is appropriate in your particular case. One way to assist a jury to understand the extent of your injuries is by providing documentation. Your lawyer can gather documents from your doctor detailing the extent and severity of your injuries. He can also gather images and video footage. Testimonies from relatives and friends are also persuasive. These testimonies may help build sympathy with jurors and explain how your injury has impacted aspects of your life, including hobbies and family activities. The severity of your injury can also affect the amount of compensation you receive for suffering and pain. The amount of pain and suffering awarded is typically higher for severe, disabling injuries than for injuries that heal more quickly. Damage claims should be able to reflect the psychological and emotional trauma that is caused by an injury. A personal injury lawyer can help you build a strong case and work towards a fair settlement for all your injuries. Adam S. Kutner and Associates will provide you with the opportunity to meet with us in case you have questions about a possible settlement to an injury.