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What Is a Personal Injury Claim? Personal injury claims are filed by those who have suffered physical or emotional harm due to the negligence of someone else. The victim may be awarded compensation for a variety of damages, including medical bills, pain and suffering, and lost wages. Other expenses could include travel expenses to appointments or home modifications, as well as the cost of care for permanent disabilities or impairments. Some victims may also be entitled to special damages for mental suffering. Damages Personal injury claims seek to recover compensation for damages that an injured party suffers due to negligence of an individual or another. A victim may be able to recover damages for both economic and non-economic losses. The amount of compensation is contingent on the severity and nature of injuries sustained. Compensation can cover expenses like medical costs and loss of earnings and can also cover the cost of physical impairment, as well as emotional distress. Punitive damages are possible in the event of extreme negligence. The types of compensation in personal injury cases can be classified into two categories: special and general damages. Special damages are incurred expenses and financial losses, and are usually quantifiable. Keep meticulous records of any expenses or losses in order to maximize the amount reimbursed by special damages. Future damages can be difficult to determine due to the fact that they are contingent on the extent of the injury as well as the expected long-term effects. Our attorneys can work with medical experts to determine the estimated cost of ongoing treatment, additional expenses for transportation to and from appointments and any other modifications or equipment needs that will result from permanent disabilities. General damages are more subjective and include the cost of discomfort and pain that result from an accident. This includes the cost of discomfort and pain in the past, and future pain and suffering depending on the severity of the injury. This is the reason it's essential to have a seasoned attorney on your side, as they will know how to assess your claim for suffering and pain, and will provide accurate estimates based upon the specifics of your case. www.youtube.com of general damages include loss of enjoyment and companionship loss and emotional distress. Loss of enjoyment damages compensate a person for the negative impact an injury can have on their ability to participate in activities they previously enjoyed. Loss of emotional distress or companionship is more difficult to quantify. However, our lawyers have years of experience in helping victims establish the right amount of compensation for these damages. Medical bills Medical bills can be a significant portion of a personal injury claim, especially when an accident has left the victim with serious injuries. If the victim of the accident did not have prior coverage that was covered through a car insurance policy or health insurance, they'll be responsible for paying back the amount of the medical expenses incurred from the settlement for personal injury. The kind of medical-related injuries that can be claimed in a personal injury case include any medical costs that the victim of the accident has to pay such as hospital visits, surgery or physical therapy, home care and medications. In addition, an accident victim can also claim future medical expenses that are anticipated to result from their injuries. These expenses could include surgeries, rehabilitation treatments or the need for long-term medication. It is crucial that accident victims keep up with their treatment and be in constant contact with their doctors. This will help them demonstrate that their suffering is financially worth. In addition, staying current in treatments will help the victim get better sooner, which is important in proving the value of their claim for pain and suffering. In some instances medical bills may be so high that they exceed the settlement amount of a plaintiff. A lien reduction lawyer will help negotiate the outstanding medical charges so that the victim will receive more money. Non-economic losses can be as significant as the amount of medical bills for a person who has been injured. They can be a result of emotional distress, loss of enjoyment of life and loss of consortium. These damages are difficult to quantify but can still be compensated. It is important to consult with a seasoned injury lawyer when you pursue an injury claim in order to ensure that all your losses are taken into consideration. Suffering and pain A personal injury claim is a way to recover the damages resulting from the physical pain and mental distress. Other damages, like the loss of enjoyment of living, are also covered. The concept of pain and suffering is among the most subjective kinds of damages, and is difficult to prove and quantify. But, it is an important element of a personal injury claim. In the majority of personal injury cases, the plaintiff is able to seek economic and noneconomic compensatory damages. The first category is tangible losses, such as medical costs and lost wages. These include things such as suffering and suffering loss of consortium, inconvenience, out-of-pocket expenses, and other losses that are not directly related to money. Damages for mental and physical anguish are known as non-economic damages and are often referred to as “pain and suffering.” They cannot be established with receipts and do not have a fixed dollar amount that is attached to them. Thus, it is left to the jury decide what they believe an appropriate amount would be. A judge is often reluctant to change the pain and suffering award. A judge or jury may use several methods to calculate the amount for pain and suffering. The multiplier method is based on multiplying the actual damages by a specific number based on the seriousness of injuries. The per diem method assigns a dollar amount for each day of recovery until they reach the maximum medical recovery. If you're using the multiplier or per-diem method, it is crucial to provide as much documentation and evidence for your claim as you are able to. Included in this are medical records, photographs, and witness testimony. Additionally you should keep a record detailing your injuries and how they affected your life. This will help you remember the details of your case in the event that you need to testify in depositions or hearings. If you're unable to reach an agreement with the insurance company, it could be necessary for you to go to court to solve your case. You can hire an attorney in New York to handle your case. An experienced lawyer will manage your claim and maximize the amount of compensation you receive for your pain and suffering. Loss of wages The compensation injured victims receive in their personal injury claims can include a large amount of lost wages. These are wages they could have earned had they not been forced to miss work due to their injuries. These losses are typically temporary and recoverable. In some cases they can be irreparable or permanent. For most people, the simplest way to calculate lost wages is to examine their pay rate and then multiply it by the number of weeks or days they missed from work. Let's suppose that you earn $25 per hour ($1,000 per weekly) and were injured in a traffic collision. You missed four weeks of work. In this scenario the loss of earnings would be $4,000. The complexity of personal injury claims may increase, based on the severity and nature of your injury. If you are permanently disabled and unable to return to work, you may be entitled to damages including future loss of earnings as well as your promotion potential. In these instances you can demonstrate your loss of earning capacity by showing evidence of the kind of jobs you could have taken on in the past and what type of pay these jobs could have offered. You may also need to provide additional documents to prove that you have lost wages. You may need to submit an employer's letter that confirms your lost wages, along with tax records, profit-and-loss statements invoices, receipts, bank statements for business, or other correspondence that is related to finance. Bonuses and commissions could be taken into consideration when calculating your lost wages. In some instances it is possible that the insurance company might cover your lost wages as a part of your no fault claim or settlement agreement. If this is the situation, you shouldn't have to file an additional personal injury lawsuit on top of your no-fault claim. If you have 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 help you avoid dealing with the stress of the legal procedure on your own. You can also ensure that you get compensation for medical expenses, lost wages, pain and suffering, and other losses.