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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 case outside of court. It is a fast and effective way to receive compensation. Unlike special damages, which can be easily calculated, non-economic damages are harder to determine in a precise dollar amount. They include things like pain and suffering. Medical expenses Medical expenses can comprise an important portion of a settlement, contingent on the extent of the injury. These costs can include medical visits, prescriptions and surgery. These costs are typically not covered by insurance, and can be expensive. In a lot of instances, there are an additional cost due to the injury like home health treatment or adaptive devices, transportation to medical appointments and much more. Medical bills are usually paid by an insurance company that is private, the government's Medicare or Medicaid or your PIP coverage. If you settle with unpaid medical bills the funds received from the settlement will be used to pay these. Your lawyer can negotiate with the billing companies and try to reduce the amount due. Your lawyer will also be able determine the proper amount of damages you should pay to be used to cover other non-medical loss. These include loss of future income or pain and suffering and other damages that are not economic. Your attorney must provide expert testimony and documentation of these other damages in order to establish a valid claim. Loss of wages In addition to the compensation for medical expenses, injured victims may also be entitled to lost wages. These damages are calculated according to the amount of time that the person was absent from work due to injuries. A seasoned personal injury lawyer will assist clients to recover the compensation for lost wages in a personal injury lawsuit. A traumatic brain injury or spinal cord injury for instance, could force you to miss large amounts of work. This means you'll have to prove that the time you didn't work was directly related to the accident. When proving lost wages, it is important to include any and all sources of income. This includes regular pay as well as overtime, bonuses and commissions. Include any unused vacation days or sick leave. If your doctor has decided that you can return back to work under certain limitations then your employer must comply with these restrictions. This could mean changing your job or supplying you with helpful equipment. A personal injury lawyer who is well-versed can help you gather the required information to back your claim for lost wages. They can also help in situations where the person injured is self-employed, or receiving a variable wage. In these instances, an insurance company has to review past and future earnings of the person who was injured and provide a fair estimate of the future loss of wages. This may require a detailed financial statement from the plaintiff's accountant, or a financial professional. Economic damages When people think about personal injury damages the first thing that comes to mind is the amount lost due to medical expenses and lost wage. There are additional costs that are difficult to quantify in dollars. These are referred to as non-economic damages. These damages cover the non-economic effects of injury, like suffering, pain and enjoyment of life. Economic damages are easy for courts and juries to calculate, as they are documented in pay stubs and bills. However non-economic damages are more difficult to determine and can be determined by subjective factors like suffering and pain, as well as the emotional stress caused by the injury. injury lawsuit paterson and suffering includes any mental, physical or emotional pain that results from the accident. It could also be a person's inability to participate in their usual social or leisure activities. The jury will take into consideration the extent to which the injury has affected the victim's quality life. Other non-economic damages include disfigurement, loss of consortium and loss of enjoyment life. The person might suffer disfigurement following an accident which permanently alters their appearance. While this isn't necessarily an economic loss but it can be painful to live with marks and other permanent injuries. Damages for suffering and pain Pain and suffering is a category of non-economic damages to compensate for the emotional and physical pain you have endured from your accident. As opposed to medical bills, repairs to your vehicle and lost wages they are more subjective damages that have to be decided by the jury. Each juror will have a different opinion on how much pain and suffering compensation is appropriate for your case. One method to help jurors recognize the severity of your injuries is to provide documentation. Your attorney can obtain the doctor's written notes detailing the severity and extent of your injuries. Additionally, he can gather photos and video footage. Testimonies from family members and friends are also persuasive. These testimony can help inspire sympathy from the jury and explain how your injury can have a negative impact on your life, including hobbies and family activities. The length of your injuries can also influence the amount of your pain and suffering settlement. Acute, disabling injuries typically have higher pain and awards than injuries that heal quicker. Injuries claims should reflect the emotional and psychological trauma that is caused by an accident. A personal injury lawyer can help you create an effective case, and ensure fair compensation for all of your injuries. If you have questions about the possibility of settling your injury make a call to Adam S. Kutner & Associates for a consultation.