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What Is a Personal Injury Claim? A personal injury claim involves someone who has suffered physical or emotional injury as a result of the negligence of another. The victim may be awarded compensation for the various damages, including medical bills as well as pain and suffering and lost wages. Other expenses might include travel expenses to appointments and home modifications as well as care costs for permanent disabilities or impairments. Some victims might also claim special damages for mental distress. Damages A personal injury claim seeks compensation for the losses suffered by the injured party because of the negligence of an individual. Victims may be compensated for both economic and non-economic damages. The amount of compensation is contingent on the severity of an accident as well as the type of injuries suffered. Compensation may cover medical expenses as well as lost earnings, emotional distress, and suffering and pain. Punitive damages that are awarded in the case of extreme recklessness, may also be claimed. In a personal injury claim the compensation is split into two categories – general damages and special damages. Special damages refer to incurred expenses and financial losses, and are generally quantifiable. Keeping meticulous records and receipts of any losses or expenses will help to maximize the amount of money reimbursed by special damages. Future damages are difficult to quantify since they depend on the severity of a victim's injuries and their expected long-term impact. Our lawyers can work with medical professionals to determine the estimated cost of ongoing treatment, the additional expenses for travel to and from appointments, and any modifications or equipment needs that will result from permanent disabilities. General damages are typically more subjective and can include compensation for the victim's pain and suffering related to an accident. This includes the cost of discomfort and pain in the past, as well future suffering and pain dependent on the severity of the injury. This is why it's important to have a seasoned attorney on your side, as they'll know how to assess your claim for pain and suffering and provide accurate estimates based upon the facts of your case. Other general damages include emotional distress as well as loss of companionship and loss of enjoyment. Loss of enjoyment damages compensate the victim for the negative effect that an injury can have on their ability to engage in activities they previously enjoyed. Loss of companionship or emotional distress is more difficult to quantify. However, our lawyers have years of experience in helping victims get the right compensation for these types damages. Medical bills Medical bills can comprise the majority of a settlement for personal injuries, especially when the victim has sustained serious injuries. If the victim of an injury doesn't have an existing insurance policy that covers them, such as car insurance or health insurance policy, they will be accountable for medical expenses that were included in the personal injury settlement. The types of medical-related damages that may be claimed in a personal injury case include any medical expenses for the victim such as hospital visits, surgery or physical therapy, home care, and medication. In addition an accident victim may also claim future medical expenses anticipated from their injuries. These could include future surgeries, rehabilitation treatments or the necessity for long-term medical treatment. It is crucial that accident victims remain current with their treatment and fully communicate with their physicians. You Tube will show that the pain and suffering they are suffering from has a worth. Additionally, keeping up-to-date with treatments will help the victim to recover quicker and is crucial in proving the value of their claim for pain and suffering. In some instances, medical bills can be so high that they surpass the settlement amount of the plaintiff. If this is the situation, a lien reduction attorney can help negotiate the medical debt to ensure that more money is put into the accident victim's pocket. Non-economic damage claims are just as important as the monetary amount of an injured person's medical expenses. These damages can include emotional stress and a loss of enjoyment. These kinds of damages are harder to quantify, yet they can still be compensated. It is essential to consult with a seasoned injury lawyer when pursuing a personal injury claim to ensure that all your losses are taken into account. Suffering and pain A personal injury lawsuit covers damages related to the physical pain of a victim and mental distress. Other damages, like the loss of enjoyment of living, can be included. Pain and suffering is one of the most subjective types of damages, and is difficult to quantify and prove. It is still an important element of a personal injury claim. In most personal injury cases the plaintiff has the ability to recover economic and noneconomic compensatory damages. The first 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 costs, and other losses that aren't directly financial. Damages for physical pain and mental anguish are known as non-economic damages and are referred to as “pain and suffering.” They aren't established by receipts and don't have a set dollar amount associated with them. Thus, it is up to the jury to decide what they believe is a fair amount. A judge will often be unwilling to alter a jury's award for pain and suffering. A judge or jury can use several methods to calculate the value for pain and suffering. The multiplier method involves multiplying the actual damages by a certain amount based on the severity of injuries. Another option is the per diem method, which assigns a daily value to each day until the victim reaches the maximum medical recovery. Whether you are using the multiplier or per diem method, it is essential to provide as much documentation and evidence for your claim as you can. Included in this are medical records, photographs and witness testimony. In addition, you should keep a diary detailing your injuries and how they affected your life. This can help you recall the details of your case if you have to testify in depositions and hearings. If you are unable to reach an agreement with the insurance company, it may be necessary to go to trial to solve your case. You can engage an New York attorney to handle your case for you. An experienced lawyer can handle your claim to maximize your compensation for pain and suffering. Lost wages The amount of compensation that victims receive in their personal injury claim may include a large amount of lost wages. They are the wages they would have received if they hadn't been forced to miss work because of their injuries. Often, these losses are temporary and recoverable. In some cases however, they could be irreparable and permanent. Most people calculate their lost wages by multiplying their pay rate by the number weeks or days they were out of work. Let's suppose that you earn $25 an hour ($1,000 per weekly) and you were injured in a car accident. You missed four weeks of work. In this case, your lost earnings would be $4,000. The complexity of personal injury claims may rise, based on the severity and nature of your injury. If you are permanently disabled and cannot return to work, you could be entitled to damages which include your future loss of earnings and advancement potential. In these cases the proof of your loss in earning potential is as simple as proving that you were able to accept positions in the past for a salary you could have earned. You may also need to submit other documents to prove that you lost wages. You may be required to provide an official letter from your employer verifying your lost wages, as well as tax records, profit and loss statements invoices, receipts and invoices bank statements for business, or other correspondence related to finance. Bonuses and commissions can be included in the calculation of your lost wages. In some instances the insurance company of the other driver may compensate you for your lost wages under a no-fault claim. If this is the case, you should not need to make a personal injury claim in addition to your no fault claim. Get in touch with a seasoned personal injury lawyer if you were injured in an automobile accident or other injuries in New York. This will help you escape the stress of the legal system and ensure that you receive compensation for medical expenses and lost income, as well as suffering, and other expenses.