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What Is a Personal Injury Claim? A personal injury claim involves someone who has suffered emotional or physical harm due to the negligence of another. The victim could be awarded compensation for the various damages, such as medical bills, pain and suffering, and lost wages. Other expenses could include travel costs to appointments and home modifications as well as care costs for permanent disabilities or impairments. Some victims could also seek special damages for mental distress. Damages A personal injury claim seeks compensation for damages suffered by an injured party due to the negligence of an individual. Victims can be compensated for both economic and other losses. The amount of compensation awarded will depend on the severity and type of injuries sustained. Compensation can include expenses like medical costs and loss of earnings and can also cover damages for pain and suffering, physical impairment, as well as emotional distress. Punitive damages, which are awarded in instances of extreme recklessness, can also be sought. The types of compensation in a personal injury case can be classified into two categories: general and special damages. Expenses and financial losses incurred are referred to as special damages and are usually quantifiable in dollars. Keep detailed records and receipts for any losses or expenses will help maximize the amount of money reimbursed through special damages. Future damages can be difficult to determine due to the fact that they are contingent on the extent of the injury and its expected long-term effects. Our lawyers will work with medical professionals to determine the estimated cost for ongoing treatment, travel expenses to and from appointments and any modifications or equipment that are required due to permanent disabilities. General damages are often more subjective and may include compensation for a victim's pain and suffering due to an accident. This includes compensation for past discomfort and pain as well as for future pain and suffering that is reasonably previsible based on the severity of the injury. It is crucial to have an experienced attorney representing you as they can accurately assess the amount of your claim for pain and suffering depending on the specific facts of your case. Other forms of general damages include loss of enjoyment, loss of companionship, and emotional distress. Loss of enjoyment damages compensate victims for the negative effect an injury has on them being able to enjoy activities they used to enjoy. Loss of emotional distress and companionship can be more difficult to quantify, but our lawyers have years of experience assisting victims in establishing the right amount of compensation for these kinds of damages. Medical bills Medical expenses can make up the largest portion of the personal injury claim, particularly if an accident has left the victim with serious injuries. If the person who suffers an injury is not covered by prior coverage that is covered by their car insurance or health insurance policy, they will be accountable for medical expenses which were part of the settlement for personal injuries. Medical-related damages can include hospital visits, surgery and physical therapy. They also cover home care and medication. In addition, an accident victim can also claim reimbursement for future medical expenses anticipated from their injuries. These expenses can include future surgeries, rehabilitation treatments or the requirement for long-term medication. It is essential that accident victims remain current on their treatment and communicate with their physicians. This will help show that the pain and suffering they are experiencing has a monetary value. Additionally, keeping up-to-date with treatments can help a victim of an accident recover faster and is crucial in proving the merits of their claim for pain and suffering. In some instances, the medical bills could be so large that they will exceed a plaintiff's overall settlement. A lien reduction lawyer will assist in negotiating the outstanding medical bills so that the accident victim receives more money. Non-economic damage claims are just as important as financial value of an injured person's medical expenses. They could include emotional distress, loss of enjoyment of life and loss of consortium. These kinds of damages are more difficult to quantify, but can still be compensated. It is important to work with an experienced injury lawyer when pursuing personal injury claims to ensure that all your losses are considered. Suffering and pain Personal injury claims provide compensation for physical pain and mental suffering. Other damages, like the loss of enjoyment living, can be included. Pain and suffering is among the most subjective kinds of damages, and is difficult to quantify and prove. However, it is an important part of a personal injury claim. In most personal injury cases the plaintiff has the ability to recover economic and noneconomic compensatory damages. The former are based on tangible losses, like medical expenses and lost wages. The latter include things like pain and suffering, loss of consortium, inconvenience, out of pocket expenses, and other losses that are not directly financial. Damages for physical pain and mental anguish are known as non-economic damages and are often referred to as “pain and suffering.” They aren't established with receipts and do not have a set dollar amount attached to them. It is up to the jury to decide what an appropriate amount should be. A judge will often be reluctant to modify the verdict of a jury for suffering and pain. There are many methods jurors or judges could utilize to determine the amount of the suffering and pain suffered by a victim. One method is the multiplier method which involves multiplying the actual damages by a figure which is determined by the extent of the injuries suffered by the victim. The per method assigns a dollar amount to each day that the victim is recovering until they reach maximum medical recovery. It is crucial to have as much documentation as is possible regardless of whether you are using the multiplier method or the per-diem method. Included in this are medical documents, photographs and witness testimony. It is also recommended to keep journals that detail your injuries and the impact they have affected your life. This will help you remember the details of your case when you have to testify in depositions and hearings. If you are unable reach an agreement with the insurance company, it might be necessary to go to trial in order to solve your case. You can hire an attorney in New York to handle your case. An experienced lawyer can help you maximize your settlement for pain and suffering. Lost wages The compensation injured victims receive for their personal injury claim can include a significant amount of lost wages. youtube.com are the wages they would have received if they hadn't been forced to miss work due to their injuries. These losses are often temporary and recoverable. In certain cases however, they could be permanent and irreparable. For most people, the most straightforward method to calculate lost earnings is to take the rate of their pay and multiply it by the amount of days or weeks they missed from work. Let's say that you normally earn $25 per hour ($1,000 per weekly) and were injured in a traffic accident. You missed four weeks of work. In this case, you would lose $4,000. Personal injury claims can become more complicated based on the severity and nature of the injury. If you are permanently disabled and unable return to work, you could be entitled to damages which include your future loss of earnings and advancement potential. In these cases you can prove your loss of earning capacity by presenting evidence of the types of jobs you could have taken on in the past and what type of salary those jobs might have earned. You may also need to submit other documents to prove that you have lost wages. You may need to submit a letter from your employer verifying your lost wages, as well as tax records, profit and loss statements, invoices, receipts, bank statements for business, or any correspondence that is related to finance. Bonuses and commissions may be included in the calculation of your lost wages. In certain instances the insurance of the other driver's company might cover your lost wages as part of your no-fault claim or settlement agreement. If this is the situation, you shouldn't have to file a separate personal injury lawsuit in addition to your no-fault claim. If you've been injured in a car crash in New York, or any other type of injury you should speak with an experienced personal injury lawyer. This will aid you in dealing with the stress of the legal procedure on your own. You can also ensure that you are compensated for medical expenses and lost wages, as well as suffering and other losses.