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What Is a Personal Injury Claim? Personal injury claims are filed by people who have suffered emotional or physical injury due to the negligence of someone else. The victim may be awarded compensation for various damages, including medical bills and pain and suffering and lost wages. Other expenses might include travel costs for appointments and home modifications as well as care costs for permanent disabilities or impairments. Some victims could also seek special damages for mental pain. Damages Personal injury claims seek compensation for damages that the victim 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 reimbursement depends on the severity of an accident as well as the type of injuries sustained. Compensation may be used to cover medical expenses loss of earnings, emotional distress, and suffering and pain. Punitive damages, which are awarded in the case of recklessness beyond the limits, may also be sought. In a personal injury case the compensation is split into two categories: special damages and general damages. The financial losses and expenses incurred are referred to as special damages and are usually quantifiable in actual dollar amounts. Keep complete records of all costs or losses to increase the amount that can be repaid through special damages. Future damages can be difficult to determine due to the fact that they are contingent on the severity of the injury and its expected long-term effects. Our attorneys can collaborate with medical experts to establish the estimated cost of ongoing treatment, additional costs for transport to and from appointments and any other modifications or equipment requirements that result from permanent disabilities. General damages are more subjective and comprise compensation for the victim's pain and discomfort resulting from an accident. This includes the cost of discomfort and pain in the past, as well as future pain and suffering dependent on the severity of the injury. This is the reason it's essential to hire a competent attorney representing you, as they'll be able to evaluate your claim for suffering and pain, and will provide accurate estimates based on the facts of your case. Other damages that are general in nature include emotional distress, loss of companionship and loss of enjoyment. Loss of enjoyment damages compensate a person for the negative effect that an injury has on their ability to engage in the activities they once enjoyed. Loss of companionship or emotional distress is more difficult to quantify. However our lawyers have a wealth of experience in helping victims establish the appropriate compensation for these types damages. Medical bills Medical bills can be an important element of an injury claim, particularly if an accident has left the victim with serious injuries. If the person who suffered an injury is not covered by prior coverage that is covered by their car insurance or health insurance policy, they are accountable for medical expenses which were part of the personal injury settlement. The kind of medical-related injuries that can be claimed in a personal injury lawsuit include any medical expenses that the victim of the accident has to pay, including hospital visits, surgery or physical therapy, home care, and medication. In addition an accident victim may also claim future anticipated medical expenses resulting from their injuries. This could include future surgeries, rehabilitation procedures, or the need for long-term medications. It is important that accident victims remain current with their treatment and fully communicate with their physicians. This will allow them to prove that their pain and suffering is financially worth. Keeping current with treatments can aid in recovering quicker, which is crucial when proving the value for their pain and suffering claim. In some instances, the medical bills may be so significant that they would overtake the total settlement of a plaintiff. If this is the case an attorney who specializes in lien reduction can help negotiate the outstanding medical debt so that more money can be put into the accident victim's pocket. Non-economic damages can be just as important as the amount in dollars of an injured person's medical bills. They can be a result of emotional distress, loss of enjoyment of life, and loss of consortium. These damages are difficult to quantify, but they could be compensated. When pursuing this contact form for personal injury, it is crucial to work closely with an injury lawyer to ensure that all of your losses are considered. Pain and suffering A personal injury claim covers damages related to the physical pain of a victim and mental distress. It could also include other damages such as loss of enjoyment of life. The pain and suffering category is one of the more subjective types of damages that are difficult to quantify and prove. It is still an important part of a personal injuries claim. In most personal injury cases, the plaintiff is able to seek economic and noneconomic compensatory damages. The former are those that can be tied to tangible losses, like medical expenses and lost wages. The latter includes suffering and suffering, loss in consortium in the form of inconvenience, out of pocket expenses and other non-monetary losses. Non-economic damages are also referred as “pain and suffering” and cannot be proved with receipts. They do not have a dollar amount attached. It is the jury to decide what they think an appropriate amount should be. A judge is usually not willing to alter the pain and suffering award. There are several methods that jurors or judges can employ to determine the value of a victim's pain and suffering. The multiplier method involves multiplying the actual damages by a certain amount based on the severity of injuries. The per diem method assigns a dollar amount for each day of the victim's recovery until they reach their maximum medical recovery. Whether you are using the multiplier or per-diem method, it is vital that you submit as much documentation and evidence for your claim as possible. This includes medical records, photos as well as witness testimony and other relevant documents. Additionally you should keep a journal detailing your injuries and how they have impacted your life. This can help you recall the details of your case in the event that you need to testify in depositions or hearings. If you cannot reach an agreement with your insurance company, you could have to go to court to resolve your issue. You can hire a New York attorney to handle your case on your behalf. An experienced lawyer will manage your claim and maximize the amount of compensation you receive for your pain and suffering. Loss of wages Lost wages are the largest portion of settlement that injured victims receive from their personal injury lawsuit. This is the wage they would have received had they not had to miss their job due to their injuries. Often, these losses are temporary and can be recouped. In certain instances, however, they can be irreparable and last forever. Most people can estimate their lost wages by multiplying their wage by the number of weeks or days that they were off work. Let's take an example: you usually earn $25 per hour ($1,000 per week), and you were injured in a car crash that kept you out of work for four weeks. In this case, you would lose $4,000. The complexities of personal injury claims can increase, depending on the severity and nature of your injury. For instance, if you were permanently disabled as a result of the accident and are unable to return to your previous job, you might be able to claim damages that include your future loss of income and the potential for advancement. In these instances, you can prove your lost earning capacity by providing evidence of the kinds of jobs you could have accepted in the past and what type of wages those jobs would have offered. You may also be required to provide other documents to prove that you have lost wages. This could include a verification letter for wages from your employer tax records Profit and loss statements, receipts or invoices, business bank accounts, or financial-related correspondence. Bonuses and commissions can 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 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 lawsuit. Contact a seasoned personal injury attorney if you have been injured by a car accident or other injuries in New York. This will help you avoid the burden of the legal system and ensure that you are compensated for medical bills, lost income, pain and suffering, and other losses.