If the negligence of the other party can be verified, then the injured plaintiff could be eligible for monetary reimbursement for medical bills, lost wages, and/or permanent disability. These are called damages and damages may be available for economic and non-economic reasons.
A major source of damages that can secure a large sum of money is for the pain and suffering. Pain and suffering is a legal term for physical and emotional stress caused from an injury. In a suit, pain and suffering is part of the general damages section of the claimant’s claim or, alternatively, is an element of compensatory non-economic damages that allows for recovery for mental anguish and or physical pain endured by claimant as a result of injury for which the plaintiff seeks redress. Pain and suffering depend on various factors including the severity of injury, the type of medical treatment received, and the length of recovery time, and potential long-term consequences of personal injuries. In addition to physical pain, claimants can also site emotional and psychological trauma in the pain and suffering claim. For example, a visible scar on the face can lead to painful feelings of constant embarrassment and insecurity. Serious injures such as fractured bones, severed limbs and brain damage that cause intense physical pain and suffering will tend to receive the highest injury settlements. Also a severely injured plaintiff’s spouse may have a cause of action for what is called loss of consortium, which is damages to the spouse as a result of the accident, such as failure to perform sexually, and failure to support the family emotionally as well as financially.
Damages can be proven through various methods. One method is the testimony of the injured party as well as the treating physicians and other medical experts. Often lawyers will hire what is called an expert witness, or a person who has knowledge or expertise in a certain area, who can talk about how much damages should be and how much the injury should be for all types of damages.
Mediation and Arbitration
Many jurisdictions require that it may be prudent to avoid a jury trial and attempt to settle the case through agreed mediation or arbitration. Mediation and arbitration will lessen your expenses in bringing a claim and would probably secure money for you on an expedited basis. This is because jury trials take a very long time to secure dates and trials can be as long as over a month. There is always a possibility of receiving zero damages on a case if a juror does not believe in giving the injured party adequate money for the person’s injuries.
Settlements
Most cases will settle before the need for mediation, arbitration, or trial. Settlements can be provided in a variety of ways. Sometimes it is recommended that settlements be structured in order to provide tax benefits. All settlements and verdicts are tax free. With the proper representation and a large settlement or verdict a tax advisor should be secured to advise on tax-deferred interest payments off the money earned from the injury case.
When you have an injury, you can secure a very experienced lawyer for free until the case settles or a verdict is secured. If you do have a case, we are thorough in our pursuit of a just settlement for your medical bills, lost wages, and any lasting disability resulting from your personal injury.
Click here for examples of settlement awards we have won for our clients.
If you or a loved one has been injured in an accident, contact David K. Kremin & Associates, PC at 1(800) ASK-A-LAWYER or1(800) 275-2529.
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