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What Is a Personal Injury Claim? A personal injury claim is someone who has suffered physical or emotional harm as a result of someone else's negligence. The victim could be awarded compensation for the various damages, such as medical bills as well as pain and suffering and lost wages. Other expenses could include travel expenses to appointments and home modifications as well as the cost of care for permanent disabilities or impairments. Some victims may also be entitled to specific damages for mental distress. Damages Personal injury claims seek to recover compensation for damages that an injured party has suffered due to the negligence of an individual or another. The victim may seek damages for both economic and non-economic losses. The amount of compensation awarded will depend on the severity of the accident and the types of injuries sustained. Compensation can include expenses like medical costs and loss of earnings, and can also cover damages for suffering and pain, physical impairment, and emotional distress. Punitive damages which are awarded in the case of extreme recklessness, can also be sought. In a personal injury claim the compensation is divided into two categories namely general damages and special damages. The financial losses and expenses incurred are referred to as special damages, and are usually quantifiable in dollar amounts. Keep meticulous records of any expenses or losses to maximize the amount reimbursed by special damages. Future damages are harder to quantify since they depend on the severity of the injuries sustained by a victim and the expected long-term impact. Our attorneys will work with medical experts to determine the estimated costs for ongoing treatment, travel costs to and from appointments and any modifications or equipment that might be required due to permanent disabilities. Recommended Website are more subjective and include the cost of pain and discomfort resulting from an accident. This includes compensation for pain and discomfort in the past, as well as future pain and suffering dependent on the severity of the injury. It is crucial to hire an experienced lawyer represent you, as they can accurately estimate the amount of your claim for pain and suffering based on your case facts. Other forms of general damages include loss of enjoyment or companionship and emotional distress. Loss of enjoyment damages compensate victims for the negative effect an injury can have on their being in a position to enjoy the activities that they used to enjoy. Loss of companionship and emotional distress can be more difficult to quantify, but our lawyers have a wealth of experience in helping victims establish the appropriate compensation for these kinds of damages. Medical bills Medical expenses can make up the largest portion of an injury claim, especially when an accident has left the victim with serious injuries. If the person who suffers an injury doesn't have prior coverage that is covered by their car insurance or health insurance policy, they are responsible for the medical expenses that were included in the personal injury settlement. The type of medical-related damages that may be claimed in a personal injury lawsuit include any medical costs for the victim, including hospital visits, surgeries and physical therapy, home health care, and medication. Victims of accidents can also claim future medical expenses that are likely to arise from their injuries. These could include future surgeries, rehabilitation treatments, or the need for long-term medical treatment. It is essential that accident victims remain current on their treatment and communicate with their doctors. This will help establish that the pain and suffering they are experiencing has a worth. Being current with treatment options will help an accident victim recover faster, which is crucial when proving the value for their claim for pain and suffering. In certain cases, medical bills can be so substantial that they exceed a plaintiff's overall settlement. 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 are just as important as medical bills for an injured person. They can include emotional distress as well as loss of enjoyment of life and loss of consortium. These damages are hard to quantify, but they can be compensated. It is important to work with an experienced injury lawyer when you are pursuing a personal injury claim to ensure that all of your losses are taken into consideration. Suffering and pain A personal injury lawsuit covers the costs incurred by the physical pain and mental stress. Other damages, like the loss of enjoyment living, are also covered. The pain and suffering category is one of the types of damages that are subjective which can be difficult to quantify and prove. It is still an important component of a personal injury claim. In most personal injury cases, the plaintiff is able to recover economic and noneconomic compensatory damages. The first are tangible losses such as medical costs and lost wages. The latter includes suffering and suffering, loss in consortium and inconvenience, out-of-pocket expenses, and other non-monetary losses. Damages for mental and physical pain are referred to as non-economic damage and are often referred to as “pain and suffering.” They aren't proven by receipts and don't have a specific dollar amount that is attached to them. It is up to the jury to decide what a fair award should be. Judges are often reluctant to change a jury's pain and suffering award. There are many methods jurors or judges can utilize to determine the amount of the victim's suffering and pain. The multiplier method involves multiplying actual damages by a certain number based on the seriousness of the injuries. The per dia method assigns a certain dollar amount to each day of the victim's recovery until they reach maximum medical recovery. It is essential to provide as much documentation as possible, whether you use the multiplier method or the per-diem method. Included in this are medical documents, photographs and witness testimony. Keep an account of your injuries and the effect they have had on your life. This will help you remember the details of your case in the event that you have to testify in depositions or hearings. If you're unable to reach an agreement with the insurance company, it might be necessary to go to trial in order to resolve your case. You can engage a New York attorney to handle your case on your behalf. A seasoned lawyer can help you maximize your settlement for the pain and suffering. Lost wages Loss of wages can make up a large part of the compensation injured victims receive from their personal injury claim. These are wages they could have earned in the event that they weren't 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 the majority of people, the easiest method of calculating lost earnings is to take their pay rate and then multiply it by the amount of days or weeks they missed from work. Let's say you earn $25 per hour ($1,000 per week) and were injured in a traffic accident. You missed four weeks of work. In this case the loss of earnings would be $4,000. The complexities of personal injury claims may increase, depending on the severity and nature of your injury. For instance, if permanently disabled in the accident and are unable to return to your previous job you may be entitled to damages that could include the loss of future income and the possibility of promotion. In these instances the proof of your loss in earning potential is as easy as presenting evidence that you were able to accept positions in the past for a salary you could have earned. You may also be required to provide additional documentation in order to prove your lost wages. This could include a letter of verification from your employer, tax records Profit and loss statements, receipts or invoices as well as business bank accounts or finance-related correspondence. Bonuses and commissions can also be considered when calculating your lost wages. In some cases the insurance company of the other driver might pay your lost wages as a no-fault claim. If this is the scenario, you do not need to make a personal injury claim in addition to your no-fault claim. If you've been injured in a car accident in New York, or any other type of injury, you should speak with an experienced personal injury lawyer. This can help you avoid navigating the stress of the legal procedure on your own. You can also ensure that you get compensation for medical bills as well as lost wages, suffering and other expenses.