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What Is a Personal Injury Claim? Personal injury claims are filed by those who have suffered physical or emotional harm as a result of the negligence of another. The victim may be awarded compensation for a variety of damages, including medical bills, pain and suffering, and lost wages. Other expenses might include travel costs to appointments and home modifications as well as the cost of care for permanent impairments or disabilities. Some victims may also be able to claim special damages for mental distress. Damages Personal injury claims seek compensation for the losses that an injured party is suffering due to negligence or other individual. Victims may be compensated for economic and other damages. The amount of compensation is contingent on the severity of an accident as well as the type of injuries sustained. Compensation may cover medical expenses, lost earnings, emotional distress and suffering and pain. Punitive damages that are awarded in instances of extreme recklessness, may also be claimed. In a personal injury case the compensation is divided into two categories: special damages and general damages. Financial losses and expenses are referred to as special damages, and they are typically quantifiable in real dollars. Keep complete records of all costs or losses to increase the amount of money that is repaid by special damages. Future damages can be difficult to calculate because they depend on the extent of an injury and its long-term effects. Our lawyers can work with medical professionals to determine the estimated costs of ongoing treatment, the additional costs for travel to and from appointments, and any modifications or equipment needs that will result from permanent disabilities. General damages are often more subjective and may include compensation for the victim's pain and suffering due to an accident. This includes the compensation for pain and discomfort that has occurred in the past and also future pain and suffering that is reasonably previsible in light of the severity of an injury. This is the reason it's essential to have a seasoned attorney on your side, as they will know how to evaluate your claim for suffering and pain, and will provide accurate estimates based upon the specifics of your case. Other forms of general damages include loss of enjoyment or companionship and emotional distress. Loss of enjoyment damages compensate a person for the negative effect an injury can have on their ability to engage 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 compensation for these types damages. Medical bills Medical bills can make up the majority of a settlement for personal injuries especially if the victim has suffered serious injuries. Unless the injury victim had prior coverage that was covered through a car insurance policy or health insurance policy, they are accountable for the amount of the medical expenses from their personal injury settlement. The types of medical-related damages that can be claimed in a personal injury case include any medical expenses for the victim which includes hospital visits, surgery or physical therapy, home care and medications. Additionally, an accident victim can also claim future anticipated medical expenses resulting from their injuries. These could include future surgeries, rehabilitation procedures or the necessity for long-term medication. It is crucial that accident victims remain current on their treatment and communicate with their medical professionals. This will help prove that the pain and suffering they are suffering from has a monetary value. Also, keeping current in treatments will help the victim get better sooner and is crucial in proving the validity of their pain and suffering claim. In certain instances medical bills can be so large that they surpass the total settlement of the plaintiff. If this is the case, a lien reduction attorney can assist in negotiating the medical debt to ensure that more money can be deposited into the accident victim's pocket. Non-economic damage claims can be equally important as the financial value of a person's medical bills. see this page can include emotional distress, loss of enjoyment of life and loss of consortium. These types of damages are more difficult to quantify, but they can still be compensated for. It is essential to consult with a seasoned injury lawyer when pursuing personal injury claims to ensure that all of your losses are taken into account. Suffering and pain Personal injury claims provide compensation for physical pain and mental suffering. It may also cover other damages such as loss of enjoyment of life. The pain and suffering category is one of the more subjective types of damages which can be difficult to quantify and prove. However, it is an important part of an injury claim. In the majority of personal injury cases, the plaintiff can recover both non-economic and economic compensation damage. The first are tangible losses like medical costs and lost wages. The latter includes pain and suffering, loss in consortium, inconvenience, out-of-pocket costs, and other non-monetary losses. Non-economic damages are also known as “pain and suffering” and cannot be proved by receipts. They do not include a dollar amount. Thus, it is up to the jury to decide what they believe a fair award would be. Judges are often not willing to alter the jury's 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 is based on multiplying the actual damages by a specific number based on the seriousness of the injuries. The per method assigns a dollar amount to each day of recovery until they reach maximum medical recovery. It is important to provide as much documentation as possible regardless of whether you employ the multiplier method or the per-diem method. Included in this are medical documents, photographs and witness testimony. Keep a journal that details your injuries as well as the impact they have had on your life. This can help you recall the details of your case when you are required to testify in depositions and hearings. If you're unable to reach an agreement with the insurance company, it could be necessary to go to trial to resolve your case. You can employ an attorney in New York to handle your case. A seasoned lawyer will handle your claim and maximize the amount you get for your suffering and pain. Lost wages Lost wages can be an important component of the compensation injured victims receive from their personal injury claims. This is the amount they would have received had they not had to miss their job due to their injuries. These losses are often temporary and recoverable. In certain instances, however, they can be irreparable and last forever. Most people estimate their lost wages by multiplying their pay rate by the number weeks or days that they were off work. Let's say that you normally earn $25 per hour ($1,000 per week) and were injured in a car accident. You missed four weeks of work. In this case the loss of earnings would be $4,000. The complexities of personal injury cases can increase, depending on the nature and severity of your injury. If you are permanently disabled and unable to return to work, you may be entitled to compensation including future loss of earnings and promotion potential. In these situations you can prove your lost earning capacity by providing evidence of the kinds of jobs you might have accepted in the past, and what kind of wages those jobs would have paid. You may also be required to submit other documentation to prove your lost wages. This might include a wage verification letter from your employer tax records, profit and loss statements, receipts or invoices as well as business bank accounts or any correspondence related to finance. Bonuses and commissions could be taken into consideration when calculating your lost wages. In certain cases, the insurance company of the other driver could compensate you for your lost wages under an no-fault claim. If this is the situation, you shouldn't have to file a separate 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 assist you in navigating the stress of the legal process on your own. It will also ensure that you get compensation for medical expenses and lost wages, as well as pain and suffering, and other expenses.