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What Is a Personal Injury Claim? A personal injury claim is a person suffering physical or emotional harm as a result of the negligence of another. The victim may be awarded compensation for the various damages, such as medical bills, pain and suffering, and lost wages. Other expenses could include travel expenses to 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 Personal injury claims seek compensation for the damages an injured party suffers due to negligence or other individual. Victims may be compensated for both economic and non-economic damages. The amount of reimbursement depends on the severity of an accident and the nature of injuries sustained. Compensation may cover medical expenses as well as lost earnings, emotional distress and suffering and pain. Punitive damages, which are awarded in cases of extreme recklessness, may also be sought. In a personal injury claim the compensation is divided into two categories – special damages and general damages. Special damages are incurred expenses and financial losses, and are typically quantifiable. Keep complete records of all expenses or losses in order to maximize the amount that can be repaid through special damages. Future damages are harder to quantify, as they are based on the severity of a victim's injuries and their expected long-term impact. Our attorneys will work with medical experts to determine the estimated cost for ongoing treatment, travel expenses to and from appointments and any equipment or modifications that might be needed due to permanent disabilities. General damages are more subjective and include the cost of discomfort and pain resulting from an accident. This includes compensation for pain and discomfort in the past, as well future pain and suffering dependent on the severity of the injury. This is why it's crucial to have a skilled attorney representing you, as they will know how to evaluate your claim for pain and suffering and provide accurate estimates based upon the facts of your case. Other forms of general damages include loss of enjoyment, loss of companionship, and emotional distress. Loss of enjoyment damages compensate victims for the negative impact that an injury can have on their being capable of enjoying the activities that they used to enjoy. Loss of emotional distress and companionship can be more difficult to quantify, but our lawyers have extensive experience in helping victims establish the appropriate compensation for these kinds of damages. Medical bills Medical expenses can constitute the majority of a settlement for personal injuries especially if the victim has suffered 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 will be responsible for the medical expenses which were part of the settlement for personal injuries. Medical-related damages include hospital visits, surgeries, and physical therapy. They also cover medications and home care. Additionally the victim of an accident can also claim reimbursement for future medical expenses anticipated from their injuries. These can include future surgeries, rehabilitation procedures, or the need for long-term medications. It is essential that accident victims keep up with their treatment and fully communicate with their medical professionals. This will prove that the suffering and pain they are experiencing has a monetary value. Being current with treatment options will aid the recovery of an accident victim sooner, which can be important when proving their case of their claim for pain and suffering. In some instances, the medical bills could be so large that they would overtake the total settlement of a plaintiff. A lien reduction attorney can help negotiate the outstanding medical bills so that the accident victim can get more money. Non-economic damage claims are just as important as the amount in dollars of a person's medical bills. They can include emotional distress, loss of enjoyment of life, and loss of consortium. These damages are hard to quantify but can still be compensated. If you're pursuing a claim based on personal injury, it's crucial to work closely with an injury lawyer to ensure that all of 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. It could also include other damages such as loss of enjoyment of life. Inglewood injury lawyers and suffering is one of the most subjective kinds of damages, and is difficult to quantify and prove. It is still an important component of a personal injury claim. In most personal injury claims, the plaintiff can recover both non-economic and economic compensatory damages. The former can be linked to tangible losses, such as medical expenses and lost wages. The latter include suffering and suffering, loss in consortium, inconvenience, out of pocket costs and other non-monetary losses. Non-economic damages are also referred as “pain & suffering” and cannot be proved by receipts. They don't have an attached dollar amount. Therefore, it is left to the jury to determine what they feel an appropriate amount would be. A judge is often reluctant to modify the jury's decision on suffering and pain. There are many methods a judge or jury could utilize to determine the amount of a victim's pain and suffering. The multiplier method is based on multiplying the actual damages by a particular amount based on the severity of injuries. Another method is the per diem method which gives a daily amount to each day until the patient reaches maximum medical recuperation. It is crucial to have as much documentation as you can, whether you use the multiplier method or the per-diem method. Included in this are medical documents, photographs and witness testimony. In addition, you should keep a diary detailing your injuries and how they have affected your life. This will aid in remembering the details of your case if you have to testify at depositions or in court. If you're unable to reach an agreement with your insurance company, you could have to go to court to resolve your case. You can hire an experienced New York attorney to handle your case on your behalf. An experienced lawyer will be able to take care of your claim and increase the amount of compensation you receive for your pain and suffering. Loss of wages The compensation that injured victims receive for their personal injury claims can include a large amount of lost wages. These are the wages they would have received in the event that they weren't forced to miss work because of their injuries. These losses are often temporary and reversible. In certain cases, they may be irreparable or permanent. For the majority of people, the most straightforward method to calculate lost earnings is to take their pay rate and multiply it by the number of days or weeks they missed from work. Let's say that you normally earn $25 per hour ($1,000 per week) and were injured in a traffic collision. You missed four weeks of work. In this instance the loss of earnings would be $4,000. Personal injury claims can become 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 might be eligible for damages that cover your future loss of income and the potential for advancement. In these instances, proving your lost earning potential is as simple as proving that you were able to take jobs in the past at a salary you could have earned. You may also be required to provide additional documentation to prove your lost wages. You may be required to provide 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 any correspondence regarding finance. Bonuses and commissions could also be considered when calculating your lost wages. In certain cases the insurance of the other driver's company might cover your wages lost as a 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. If you have been injured in a car accident in New York, or any other type of injury you should seek out a seasoned personal injury lawyer. This can aid you in having to navigate the legal procedure on your own. You can also ensure that you receive compensation for medical bills and lost wages, as well as pain and suffering, and other losses.