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What Is a Personal Injury Claim? Recommended Website is the victim suffering emotional or physical injury as a result of the negligence of another. The victim may be entitled to compensation for medical bills, pain, suffering, and lost wages. Other costs could include travel appointments, home modifications and the cost of care for those with permanent impairments. Some victims may also be entitled to special damages for mental distress. Damages Personal injury claims seek compensation for damages that an injured person 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 depends on the severity and type of injuries sustained. Compensation can include expenses such as medical care and loss of earnings and could also include damages for suffering and pain, physical impairment, as well as emotional distress. Punitive damages which are awarded in the case of recklessness beyond the limits, may also be claimed. The kinds of compensation available in personal injury cases fall into two categories: special and general damages. The financial losses and expenses incurred are referred to as special damages, and they are typically quantifiable in real dollars. Keep detailed records of any expenses or losses to maximize the amount of money that is repaid by special damages. Future damages can be difficult to determine due to the fact that they are contingent on the extent of the injury and the expected long-term effects. Our attorneys will work with medical professionals to determine the estimated costs for ongoing treatment, travel expenses to and from appointments, and any equipment or modifications that might be required due to permanent disabilities. General damages are more subjective and include compensation for the victim's pain and discomfort resulting from an accident. This includes the compensation for discomfort and pain in the past, as well as future pain and suffering based on severity of injury. It is important to have an experienced lawyer represent you, as they can accurately estimate your pain and suffering claim in light of the facts of your particular 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 impact an injury has on their ability to engage in activities they previously enjoyed. Loss of emotional distress and companionship may be more difficult to quantify, however our lawyers have extensive experience helping victims to determine the right amount of compensation for these kinds of damages. Medical bills Medical bills can make up the majority of a settlement for personal injuries, especially when the victim has sustained serious injuries. If the victim of an injury does not have prior coverage that is covered by their car insurance or health insurance policy, they are responsible for the medical costs which were part of the settlement for personal injuries. Medical-related damages can include hospital visits, surgery and physical therapy. They also include home care and medication. Accident victims can also claim future medical expenses that are expected to result from their injuries. These could include future surgeries, rehabilitation treatments, or the need for long-term medications. It is essential that victims of accidents keep up with their treatment and communicate fully with their medical professionals. This will help show that the suffering and pain they are experiencing has a monetary value. Being current with treatment options will aid in recovering quicker, which is important when proving the merits for their pain and suffering claim. In some instances, the medical bills could be so substantial that they exceed a plaintiff's overall settlement. A lien reduction attorney will assist in negotiating the outstanding medical bills so that the victim will receive more money. Non-economic damage claims are equally important as the amount in dollars of an injured person's medical bills. These damages could include emotional stress and a loss of enjoyment. These kinds of damages are harder to quantify, but they can still be compensated for. It is important to work with an experienced injury lawyer when you are pursuing an injury claim in order to ensure that all your losses are taken into account. Suffering and pain A personal injury claim covers the costs incurred by a victim's physical pain and mental stress. Other damages, like the loss of enjoyment living, can be included. Pain and suffering is one of the subjective types of damages that can be difficult to quantify and prove. However, it is an important element of a personal injury claim. In most personal injury lawsuits the plaintiff can seek both non-economic and economic compensatory damages. The former are those that can be linked to tangible losses, like medical expenses and lost wages. The latter include the loss of suffering and pain, in consortium and inconvenience, out of pocket expenses, and other non-monetary losses. Non-economic damages are also referred as “pain and suffering” and are not able to be proven with receipts. They don't have an attached dollar amount. Thus, it is left to the jury determine what they feel is a fair amount. A judge is often unwilling to alter the jury's decision on suffering and pain. A jury or judge can use several methods to calculate the value for suffering and pain. The multiplier method involves multiplying the actual damages by a specific number based on the severity of the injuries. The per dia method assigns a certain dollar amount to each day of recovery until they reach maximum medical recovery. It is essential 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 records, photographs, and witness testimony. Additionally you should keep a journal detailing your injuries and how they impacted your life. This will help you remember the specifics of your case should you are required to testify at depositions or at hearings. If you are unable reach an agreement with the insurance company, it could be necessary to go to trial to solve your case. You can employ an attorney in New York to handle your case. An experienced lawyer will be able to manage your claim and maximize the amount of compensation you receive for your suffering and pain. Lost wages Lost wages are the largest portion of compensation that injured victims receive through their personal injury claims. They are the wages they could have earned had they not been forced to miss work because of their injuries. The majority of these losses are temporary and reversible. In certain instances however, they may be permanent and irreparable. Most people calculate their lost wages by multiplying their pay rate by the number weeks or days they were off work. Let's say that you normally earn $25 per hour ($1,000 per weekly) and you were injured in a traffic collision. You missed four weeks of work. In this case you'd lose $4,000. The complexity of personal injury claims can increase, based on the severity and nature of your injury. If you are permanently disabled and unable return to work, you could be entitled to compensation including future loss of earnings as well as your promotion potential. In these instances, proving your lost earning potential is as easy as presenting evidence that you were able to take positions in the past for the same amount that you could have earned. You may also need to provide other documents in order to prove your lost wages. You may need to submit an employer's letter that confirms your lost wages, as well as tax records, profit-and-loss statements invoices, receipts, bank statements for business, or correspondence that is related to finance. Bonuses and commissions could be taken into consideration when calculating your lost wages. In some instances the insurance of the other driver's company could pay for your lost wages as part of your no-fault claim or settlement agreement. If this is the case, you shouldn't have to file a separate personal injury lawsuit on top of your no-fault claim. Contact a seasoned personal injury lawyer if you were injured in an automobile accident or other injury in New York. This will allow you to avoid the pressure of the legal system and ensure that you receive compensation for medical expenses loss of income, suffering, and other losses.