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What Is a Personal Injury Claim? A personal injury claim is the victim suffering physical or emotional harm due to someone else's negligence. The victim could be awarded compensation for the various damages, including medical bills, pain and suffering, and lost wages. Other expenses might include travel costs for appointments and home modifications as well as care costs for permanent disabilities or impairments. Some victims could also seek special damages for mental distress. Damages A personal injury claim seeks compensation for damages suffered by an injured party because of the negligence of an individual. A victim may be able to recover damages for both economic and non-economic losses. The amount of compensation awarded will depend on the severity and type of injuries suffered. Compensation can cover medical expenses as well as lost earnings, emotional distress, and pain and suffering. Punitive damages can be claimed in the event of extreme negligence. The kinds of compensation available in the case of personal injury are classified into two categories: general and special damages. Expenses and financial losses incurred are known as special damages, and are usually quantifiable in actual dollars. Keeping meticulous records and receipts of any losses or expenses can help maximize the amount of money that is reimbursed by special damages. Future damages can be difficult to calculate because they depend on the severity of the injury as well as its long-term effects. Our attorneys can collaborate with medical experts to determine the estimated costs of ongoing treatment, the additional costs for transportation to and from appointments, and any modification or equipment requirements that result from permanent disabilities. General damages are more subjective and comprise the cost of discomfort and pain that result from an accident. This includes compensation for past discomfort and pain, as well as future suffering and pain that is reasonably foreseeable in light of the severity of an injury. This is why it's crucial to hire a competent attorney representing you, as they'll know how to value your claim for pain and suffering and give accurate estimates based on the facts of your case. Other types of general damages include loss of enjoyment, loss of companionship, and emotional distress. Loss of enjoyment damages compensate victims for the negative effect an injury can have on their ability to be able to enjoy activities that they used to enjoy. Loss of emotional distress and companionship may be more difficult to quantify, however our lawyers have a wealth of experience assisting victims in establishing the appropriate compensation for these types of damages. Medical bills Medical expenses can be an important element of the personal injury claim, particularly if an accident has left the victim with serious injuries. If the person who suffers an injury is not covered by an existing insurance policy that covers them, such as car insurance or health insurance policy, they are responsible for the medical costs that were included in the personal injury settlement. The kind of medical-related injuries that can be claimed in a personal injury case include any medical expenses that the victim of the accident has to pay such as hospital visits, surgery, physical therapy, home care, and medications. Accident victims can also claim future medical expenses expected to result from their injuries. These expenses could include surgery, rehabilitation treatments or the need for long-term medication. It is important that victims of accidents stay up-to-date in their treatment and communicate with their doctors. This will help them prove that their suffering has a monetary worth. In addition, staying current in treatments can help an accident victim to recover quicker, which is important in proving the value of their pain and suffering claim. In certain cases, medical bills can be so substantial that they will exceed a plaintiff's overall settlement. If this is the situation, a lien reduction attorney can assist in negotiating the outstanding medical debts so that more money can be put into the pocket of the victim of the accident. Non-economic losses can be as significant as medical expenses for an injured person. They can include emotional distress as well as loss of enjoyment of life and loss of consortium. These damages are difficult to quantify, but they can be compensated. 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 considered. Suffering and pain A personal injury lawsuit covers the costs incurred by the physical pain of a victim and mental anguish. Other damages, like the loss of enjoyment living, may be covered. Pain and suffering is one of the more subjective types of damages that can be difficult to quantify and prove. But it is an essential 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, such as medical expenses and lost wages. The latter include things like suffering and suffering as well as loss of consortium inconvenience, out of pocket expenses and other losses that are not directly related to money. YouTube for mental and physical anguish are known as non-economic damages and are often referred to as “pain and suffering.” They are not proved by receipts and don't have a set dollar amount that is attached to them. Therefore, it is left to the jury determine what they feel a fair award would be. A judge will often be unwilling to alter a jury's award for pain and suffering. A judge or jury can utilize a variety of methods to calculate the value for suffering and pain. One of them is the multiplier method which involves multiplying actual damages by a number that is based on the severity of the victim's injuries. The per method assigns a dollar amount to each day of recovery until they reach maximum medical recovery. Whether you are using the multiplier or per diem method, it is vital to provide as much evidence and proof for your claim as you are able to. Included in this are medical documents, photographs and witness testimony. Additionally you should keep a record detailing your injuries and how they have affected your life. This can help you recall the details of your case in the event that you have to testify in depositions and hearings. If you are unable reach an agreement with the insurance company, it may be necessary for you to go to court to resolve your case. You can employ a New York attorney to handle your case for you. An experienced lawyer can manage your claim and maximize the amount you get for your suffering and pain. Loss of wages The compensation that injured victims receive for their personal injury claim may comprise a substantial amount of lost wages. These are the wages they would have received had they not been forced to miss work due to their injuries. Most of the time, these losses are temporary and reversible. In certain cases, they may be irreparable or permanent. Most people can estimate their lost wages by multiplying their wage by the number weeks or days they were off work. Let's say you earn $25 an hour ($1,000 per week) and were injured in a traffic accident. You missed four weeks of work. In this instance your loss in earnings would be $4,000. Personal injury claims can be more complicated depending on the severity and nature of your injury. For instance, if you are permanently disabled as a result of the accident and cannot return to your previous job You may be eligible for damages that could include your future loss of income and potential for promotion. In these instances, you can prove your loss of earning capacity by presenting evidence of the types of jobs you could have accepted in the past and what type of salary those jobs might have offered. You may also have to provide additional documents to prove you lost wages. You may need to provide an official letter from your employer that confirms your lost wages, along with tax records, profit-and-loss statements invoices, receipts and invoices bank statements for business, or correspondence related to finance. Bonuses and commissions could also be considered when calculating your lost wages. In certain cases, the insurance company of the other driver could cover your lost wages in an no-fault claim. If this is the case, you should not have to file a personal injury lawsuit in addition to your no fault claim. Contact a seasoned personal injury attorney if you were injured in an accident in the car or another injuries in New York. This will help you escape the pressure of the legal system and ensure you receive compensation for medical expenses and lost income, as well as suffering, and other losses.