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What Is a Personal Injury Claim? A personal injury claim is the victim suffering emotional or physical harm as a result of another's negligence. The victim could be entitled to compensation for medical bills, pain, suffering, and lost wages. Other expenses might include travel costs to appointments or home modifications, as well as care costs for permanent impairments or disabilities. Some victims might also claim special damages for mental pain. Damages Personal injury claims seek to recover compensation for the losses that an injured party is suffering due to negligence of an individual or another. Victims are entitled to compensation for both economic and non-economic damages. The amount of compensation depends on the severity and nature of injuries suffered. Compensation may cover medical expenses loss of earnings, emotional distress, and pain and suffering. Punitive damages, which are awarded in cases of extreme recklessness, can also be sought. 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 are usually quantifiable in actual dollars. Keep meticulous records of any expenses or losses in order to maximize the amount of money that is repaid by special damages. Future damages can be difficult to calculate, as they are dependent on the severity of an injury and its expected long-term effects. Our lawyers can work with medical experts to determine the estimated costs of ongoing treatment, extra expenses for transportation to and from appointments, and any modification or equipment requirements that result from permanent disabilities. General damages are typically more subjective, and include compensation for the victim's suffering and pain due to an accident. This includes the compensation for discomfort and pain in the past, as well future suffering and pain depending on the severity of the injury. This is why it's important to have a skilled lawyer representing you, since they will know how to value your claim for pain and suffering and provide accurate estimates based on the 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 that an injury has on them being able to enjoy activities that they used to enjoy. Loss of companionship and emotional distress can be more difficult to quantify, however our lawyers have a wealth of experience in helping victims establish the appropriate compensation for these kinds of damages. Medical bills Medical expenses can be the largest portion of the personal injury claim, especially when an accident leaves the victim with serious injuries. If the person who suffered an injury is not covered by preexisting coverage paid by their car insurance or health insurance policy, they will be responsible for the medical costs that were included in the settlement for personal injury. Medical-related injuries include hospital visits, surgery and physical therapy. They also include medications and home care. In addition an accident victim may also claim future medical expenses anticipated from their injuries. This could include future surgeries, rehabilitation procedures or the requirement for long-term medical treatment. It is essential that victims of accidents keep up with their treatment and communicate fully with their medical professionals. This will help them prove that their suffering has a monetary worth. In addition, staying current with treatments can help a victim of an accident to recover quicker which is essential in proving the value of their claim for pain and suffering. In certain cases, medical bills may be so substantial that they surpass the settlement amount of a plaintiff's overall. A lien reduction attorney can help negotiate the outstanding medical bills so that the victim will receive more money. Non-economic damages can be as important as medical expenses for an injured person. They can include emotional distress, loss of enjoyment of life, and loss of consortium. These types of damages are harder to quantify, but can still be compensated for. It is essential to work with an experienced injury lawyer when you pursue an injury claim in order to ensure that all of your losses are taken into consideration. Suffering and pain Personal injury claims cover damages for physical pain and mental suffering. It can also include other damages like loss of enjoyment of life. The concept of pain and suffering is one of the most subjective types of damages, and is difficult to quantify and prove. However it is an essential element of an injury claim. In the majority of personal injury cases the plaintiff is able to seek economic and noneconomic compensatory damages. The former are based on tangible losses, such as medical expenses and lost wages. The latter include things like suffering and suffering loss of consortium, inconvenience, out of pocket expenses, and other losses that are not directly related to money. Non-economic damages are also known as “pain & suffering” and cannot be proved by receipts. They don't have an attached dollar amount. It is up to the jury to decide what they think is a fair amount to award. You Tube is often reluctant to modify the verdict of a jury for pain and suffering. There are a variety of methods jurors or judges can use to calculate the value of the suffering and pain suffered by a victim. One method is the multiplier method which involves multiplying the amount of damages by a figure that is based on the severity of the victim's injuries. Another option is the per diem method, which gives a daily amount for each day until the victim reaches maximum medical recuperation. It is important to provide as much documentation as is possible regardless of whether you are using 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 have impacted your life. This will aid in remembering the details of your case in the event that you are required to testify at depositions or hearings. If you cannot reach an agreement with your insurance company, you might need to go to court to resolve your case. You can engage an attorney in New York to handle your case. An experienced lawyer will manage your claim and maximize the amount of compensation you receive for your pain and suffering. Lost wages Loss of wages can make up an important component of the settlement that injured victims receive from their personal injury lawsuit. They are the wages they would have received had they not been forced to work a lot because of their injuries. Often, these losses are temporary and can be recouped. 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 away from work. Let's suppose that you earn $25 per hour ($1,000 per weekly) and were injured in a traffic collision. You missed four weeks of work. In this instance, you would lose $4,000. The complexity of personal injury cases can rise, based on the severity and nature of your injury. If you are permanently disabled and unable to return to work, you could be entitled to damages which include your future loss of earnings as well as your promotion potential. In these cases you can demonstrate your income loss by presenting evidence of the types of jobs you may have accepted in the past, and what kind of wages those jobs would have earned. You may also need to provide additional documentation to prove that you lost wages. You might need to submit a letter from your employer that confirms your lost wages, as well as tax records, profit and loss statements invoices, receipts and invoices bank statements for business, or other correspondence that is related to finance. Bonuses and commissions may also be considered when calculating your lost wages. In some instances, the other driver's insurance company might cover your lost wages as part of your no-fault claim or settlement agreement. If this is the scenario, you do not have to make a personal injury claim in addition to your no-fault claim. Consult an experienced personal injury lawyer if you have been injured by an automobile accident or other injuries in New York. This will help you avoid the burden of the legal system and ensure you are compensated for medical bills and lost income, as well as pain and suffering and other losses.