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What Is a Personal Injury Claim? Personal injury claims are filed by people who have suffered emotional or physical harm as a result of the negligence of another. The victim can receive compensation for a variety of damages, such as medical bills as well as pain and suffering and lost wages. Other expenses might include travel costs to appointments, home modifications, and care costs for permanent impairments or disabilities. Some victims may also be entitled to special damages for mental suffering. Damages A personal injury claim seeks to recover for the losses suffered by an injured party due to the negligence of an individual. Victims may be compensated for both economic and non-economic damages. The amount of compensation depends on the severity and type of injuries suffered. Compensation may include expenses such as medical care and loss of earnings and could also include the cost of pain and suffering, physical impairment, and emotional distress. Punitive damages that are awarded in the case of recklessness beyond the limits, may also be claimed. In a personal injury lawsuit the compensation is divided into two categories – special damages and general damages. Special damages are incurred expenses and financial losses, and are typically quantifiable. Keeping meticulous documents and receipts for any expenses or losses can aid in maximizing the amount of money that is reimbursed through special damages. Future damages are harder to quantify since they depend on the severity of a victim's injuries and the long-term effects they are expected to have. Our attorneys can collaborate with medical professionals to determine the estimated costs of ongoing treatment, the additional expenses for travel to and from appointments, and any other modifications or equipment needs that will result from permanent disabilities. General damages are often 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 depending on the severity of the injury. It is crucial to have an experienced attorney representing you, as they can accurately estimate your claim for pain and suffering depending on the specific facts of your case. Other damages that are general in nature include emotional distress loss of companionship, emotional distress and loss of enjoyment. Loss of enjoyment damages compensate victims for the negative impact an injury can have on their ability to be in a position to enjoy the activities they used to love. 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 the largest portion of a personal injury claim, especially when an accident leaves the victim with serious injuries. If the injured party did not have prior coverage that was covered by either an insurance policy for cars or health insurance, they are accountable for the amount of medical costs from their personal injury settlement. The kind of medical-related damages that can be claimed in a personal injury claim include any medical costs incurred by the accident victim which includes hospital visits, surgery or physical therapy, home care and medications. In addition the victim of an accident can also claim reimbursement for future medical expenses anticipated from their injuries. These could include future surgeries, rehabilitation treatments, or the need for long-term medical treatment. It is important that accident victims remain current on their treatment and communicate with their physicians. This will allow them to prove that their pain and suffering has a monetary worth. Keeping current with treatments can help an accident victim recover quicker, which is important when proving their case for their pain and suffering claim. In some instances, the medical bills could be so substantial that they would exceed a plaintiff's overall settlement. If this is the case the lien reduction lawyer can assist in negotiating the outstanding medical debt so that more money is put into the pocket of the victim of the accident. Non-economic damages can be as significant as the amount of medical bills for a person who has been injured. They can include emotional distress and loss of enjoyment life, and loss of consortium. These kinds of damages are difficult to quantify, yet they can still be compensated for. If you're pursuing a claim based on personal injury, it is important to work closely with an injury lawyer to ensure all of your losses are taken into consideration. Suffering and pain A personal injury claim is a way to recover the costs incurred by the physical pain and mental anguish. Other damages, such as the loss of enjoyment living, can be included. Pain and suffering are one of the subjective types of damages that can be difficult to quantify and prove. However it is a crucial component of an injury claim. In the majority of personal injury cases the plaintiff has the ability to recover economic and noneconomic compensatory damages. The first is tangible losses like medical costs and lost wages. The latter includes suffering and suffering, loss in consortium and inconvenience, out of pocket costs, and other non-monetary losses. Non-economic damages are also referred to as “pain & suffering” and cannot be proved by receipts. They don't have an attached dollar amount. It is the jury to decide what a fair award should be. A judge will often be unwilling to alter a jury's award for suffering and pain. A judge or jury may use several methods to calculate the amount for suffering and pain. One of them is the multiplier method, which involves multiplying actual damages by a figure that is based on the severity of the injury. Another method is the per diem method, which gives a daily amount for each day until the victim reaches maximum medical recuperation. 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. This includes medical records, photos, witness testimony, and other relevant documents. Keep journals that detail your injuries and the impact they've affected your life. This can help you recall the details of your case when you need to testify in depositions and hearings. If you're unable to reach an agreement with the insurance company, it may be necessary to go to trial to solve your case. You can hire an attorney in New York to handle your case. An experienced lawyer can handle your claim to maximize your settlement for suffering and pain. Lost wages Lost wages are the largest portion of compensation injured victims receive from their personal injury lawsuit. This is the wage they would have received if they not been forced to miss their job because of their injuries. These losses are often temporary and can be recouped. In certain cases however, they could be irreparable and permanent. Most people determine their lost earnings by multiplying their salary by the number of weeks or days that they were off work. For instance, let's say you typically earn $25 per hour ($1,000 per week) but you were injured in a car accident which kept you out of work for four weeks. In this case the loss of earnings would be $4,000. The complexity of personal injury claims may rise, based on the nature and severity of your injury. If you are permanently disabled and unable return to work, you may be entitled to damages, including your future loss of earnings and advancement potential. In these instances, proving your lost earning potential is as simple as presenting evidence that you were able to accept jobs in the past with the amount you could have earned. You may also have to submit other documents to prove you lost wages. You may be required to submit a letter from your employer that confirms your lost wages, along with tax records, profit-and-loss statements, invoices, receipts, bank statements for business, or correspondence regarding finance. Bonuses and commissions may be taken into consideration when calculating your lost wages. In check of the other driver may pay your lost wages as a no-fault lawsuit. If this is the case, you shouldn't have to file an additional personal injury lawsuit on top of 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 will help you avoid navigating the stress of the legal process on your own. It will also ensure that you get compensation for your medical bills, lost wages, suffering and other expenses.