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What Is an Injury Settlement? A settlement agreement is a written agreement between the defendant and plaintiff to settle the dispute outside of court. This is a great method to obtain quick compensation. Unlike special damages, which can be easily calculated, non-economic damages are harder to define in a dollar amount. They include things like suffering and pain. Medical expenses Medical expenses can comprise the majority of a settlement, based on the severity of the injury. These expenses could include doctor visits, medications as well as surgery. The majority of these costs are not covered by health insurance and can be quite costly. In addition, in many instances there are ancillary costs arising with the injuries such as home healthcare adaptive devices transporting patients 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 receive a settlement that contains unpaid medical balances, these must be paid by the settlement funds. Your attorney can negotiate with billing companies to lower the amounts. Your lawyer will also be able to determine the appropriate amount to cover any other losses that are not medically related. This includes loss of future earnings along with pain and suffering and other non-economic damage. Your attorney will need to provide expert testimony and evidence of these damages in order to support your claim. Loss of wages In addition to compensation for medical expenses, injured victims may also be entitled to compensation for lost wages. The amount of damages is determined by the length of time that the injured person was unable to work as a result of their injuries. A personal injury lawyer can assist their clients recover lost wages as compensation in a personal injury lawsuit. A traumatic brain injury or spinal cord injury, for instance, can cause you to miss large amounts of work. This means that you'll need to prove that the amount of time you were unable to work was directly connected to the accident. It is crucial to include all income sources when proving your lost wages. This includes regular wage, overtime, bonuses, and commissions. Include any unused vacation days or sick leave. If your doctor has decided that you are able to return to work with certain restrictions then your employer must comply with these restrictions. This could mean rearranging your job or supplying you with the necessary equipment. A seasoned personal injury lawyer can help gather the necessary information necessary to prove a lost wage claim. They can also assist with a case where the injured party is self-employed or receives an undetermined salary. In these situations the insurance company must review past and future earnings of the injured party and provide an accurate estimate of the future loss of wages. This will require a complete account from the plaintiff's accountant or financial expert. Non-economic damages When people think of personal injury-related damages, they usually consider the cost of medical expenses and lost wages. But, there are other costs that are associated with injuries that are difficult to quantify in terms of dollar amounts. These are known as non-economic damages. These damages are for the intangible effects a person's injury, like suffering, pain, and loss of enjoyment of life. Pay stubs, bills and other documents can be used to prove economic damages for juries and courts. Non-economic damages, however, on the contrary, are more difficult to calculate and can be based on subjective factors like suffering, pain, or emotional distress. The pain and suffering could include physical, mental or emotional trauma caused by the accident. It can also include the person's inability to engage with their social or recreational activities. A jury will examine the effects of the injury on the victim's life. Other non-economic losses include disfigurement, loss of consortium and loss of enjoyment life. A person could suffer from disfigurement after an accident that permanently alters their appearance. It's not a huge financial cost, but it can be painful to bear scars or other permanent injuries. Compensations for pain and suffering Pain and suffering are non-economic damages that pay for the physical and emotional pain caused by your accident. These are subjective damages which must be decided by the jury, in contrast to medical bills, auto repairs and lost wages. Every juror will have a different views on how much pain and suffering compensation is appropriate for your situation. One method to help jurors to understand the severity of your injuries is to provide documentation. Attorneys can gather written documents 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 may help create feelings of sympathy among jurors and demonstrate how your injury affected your hobbies and family activities. The length of your injuries may also influence the amount of your settlement for pain and suffering. The amount of pain and suffering awarded is typically higher for severe, disabling injuries than for injuries that heal quicker. Damage claims should be able to reflect the emotional and psychological trauma that is caused by an injury. Personal injury attorneys can assist you in constructing a strong case, and help you get reasonable amount of compensation for your injuries. If you have questions regarding a possible injury settlement, call Adam S. injury attorney murrieta & Associates to schedule a consultation.