What is the benefit of a "medical lien" for my accident treatment?
A medical lien allows you to receive top-tier medical care with no out-of-pocket costs. The doctors are paid directly from your settlement once your case is resolved.
What are "non-economic damages" in a personal injury case?
These are damages for things that don’t have a price tag, such as pain, suffering, emotional distress, and loss of enjoyment of life.
What is a "pain and suffering" cap, and does it apply in California or Texas?
A “pain and suffering” cap limits the amount of non-economic damages (pain, emotional distress) a jury can award. In California, this cap generally applies only to medical malpractice cases only. In Texas, caps often apply to certain types of personal injury and medical malpractice cases, making the calculation of damages highly dependent on local state law.
How are damages calculated when a child is involved in a serious accident?
When a minor is involved, a court must approve the final settlement to ensure it is in the child’s best interest. Calculating damages is difficult because it involves projecting lost earnings over their entire adult life. The compensation is typically placed into a blocked account that the child can access upon turning 18.
Can I recover compensation for damage to my vehicle if I was partially at fault?
Yes. Even if you were partially at fault for the accident, you can still recover for damage to your vehicle (property damage) from the other driver’s insurance, reduced by your percentage of fault under comparative negligence rules.
What is a structured settlement and should I consider one?
A structured settlement is an agreement where the plaintiff receives periodic payments over a period of time instead of a single lump sum. This can be beneficial because the payments are tax-free and provide long-term financial security, particularly in catastrophic injury cases.
Can I get compensation for emotional distress after an accident?
Yes, emotional distress is a form of non-economic damage that you can be compensated for. This includes fear, anxiety, post-traumatic stress, and depression resulting from the accident. Proving these damages often requires documentation of your mental health treatment, such as therapy or counseling.
What are "future medical expenses" and how are they calculated?
Future medical expenses are a crucial part of your compensation, covering the cost of medical care you will need for the rest of your life as a result of your injuries. This can include future surgeries, physical therapy, medication, and assistive devices. They are calculated with the help of medical experts and life care planners.
What is the difference between "lost wages" and "loss of earning capacity"?
Lost wages are the income you have already lost from the date of the accident until the present. Loss of earning capacity refers to the money you would have earned in the future, but can no longer due to a permanent injury. For example, a severe hand injury could end a surgeon’s career, resulting in a claim for loss of future earning capacity.
How is a family member's "loss of consortium" calculated?
Loss of consortium is a form of non-economic damage that a person can seek if their spouse or partner is injured. It compensates for the loss of companionship, intimacy, affection, and emotional support that the injured person can no longer provide due to their injuries. The value is determined based on the unique nature of the relationship and the severity of the injury.
What is a "structured settlement" and should I consider one?
A structured settlement is a settlement where a plaintiff receives periodic payments over a period of time instead of a single lump sum. This can be beneficial because the payments are tax-free and provide a long-term stream of income. However, they may not be right for everyone, and it’s important to discuss the pros and cons with your attorney and a financial advisor.
What are "punitive damages" and when are they awarded?
Punitive damages are damages awarded to a Plaintiff not to compensate for a loss, but to punish the defendant for their egregious or malicious conduct. They are rare in personal injury cases but can be awarded in situations where the defendant’s actions were particularly reckless or intentional, such as a drunk driving accident.
How are damages calculated in a case involving a minor?
When a minor is involved in a personal injury case, a court must approve the final settlement to ensure it is in the child’s best interest. The settlement is usually placed into an interest-bearing account, called a blocked account, that the child can access upon turning 18. An experienced attorney will work with a team of experts to determine the full value of a minor’s damages, which can be difficult to calculate since their long-term earning capacity is unknown.
What is a "lien" on my personal injury settlement?
A lien is a legal claim against your settlement funds. It is a way for healthcare providers, health insurance companies, or other third parties to be reimbursed for the costs they covered related to your accident. Our team at Karns & Karns works to negotiate these liens down to their lowest possible amount to ensure you keep as much of your settlement as possible.
How do medical liens and subrogation affect the amount of money I take home?
Medical liens and subrogation are legal claims against your settlement. A medical lien is a claim by a healthcare provider for services they rendered. Subrogation is the right your health insurance company has to be reimbursed for the medical bills they paid. At Karns & Karns, we work diligently to negotiate these liens and subrogation claims down to the lowest possible amount to ensure you keep the maximum amount of your settlement.
Will I have to pay taxes on my personal injury settlement?
In most cases, personal injury settlements are not taxable under federal and state laws. Most skilled personal injury lawyers will be able to ensure that any settlement you receive is not taxable. It is always best to consult with a tax professional to be sure.
What is an Impairment Rating and how does it determine my case value?
A PIR is a percentage assigned by a treating physician that reflects the degree of permanent loss of function in an injured body part. This rating is a key metric used by economic experts and attorneys to quantify the non-economic loss and support the calculation of long-term damages.
How is the "loss of companionship" calculated for a child who lost a parent?
The damages for the loss of companionship of a deceased parent is based on the unique, individualized bond between the parent and child. It is quantified based on factors like the parent’s past involvement in the child’s life, testimony from family members, and the child’s age at the time of the death.
How do lawyers use vocational experts in a case?
A vocational expert evaluates the victim’s pre-injury job skills, education, and earning history, and then determines what, if any, jobs they can perform post-injury. This expert’s testimony is critical for quantifying the loss of earning capacity.