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What Is a Personal Injury Claim? A personal injury claim involves the victim suffering emotional or physical harm as a result of another's negligence. The victim can receive compensation for the various damages, such as medical bills as well as pain and suffering and lost wages. Other expenses might include travel expenses to appointments or home modifications, as well as the cost of care for permanent disabilities or impairments. Some victims may also be able to claim special damages for mental pain. Damages Personal injury claims seek to recover compensation for the losses that the victim is suffering due to negligence or other individual. The victim may seek damages for both economic and non-economic losses. The amount of compensation is contingent on the severity of the accident as well as the type of injuries suffered. Compensation can cover expenses such as medical care and loss of earnings, and can also cover damages for pain and suffering, physical impairment, and emotional distress. Punitive damages are possible in the case of extreme negligence. The kinds of compensation available in the case of personal injury can be classified into two categories: general and special damages. Financial losses and expenses are referred to as special damages, and they are usually quantifiable in dollar amounts. Keep meticulous records and receipts of any losses or expenses can help to maximize the amount of money reimbursed by special damages. Future damages can be difficult to determine because they depend on the extent of the injury as well as the expected long-term effects. Our lawyers will collaborate with medical experts in order to determine the estimated costs for ongoing treatment, travel costs to and from appointments, and any modifications or equipment that are required due to permanent disabilities. General damages are more subjective and encompass the cost of discomfort and pain resulting from an accident. This includes the compensation for past pain and discomfort and also future pain and suffering that is reasonably anticipated based on the severity of the injury. It is crucial to hire an experienced lawyer represent you as they can accurately estimate your pain and suffering claim depending on the specific facts of your case. Other damages that are general in nature include emotional distress as well as loss of companionship and loss of enjoyment. Loss of enjoyment damages compensate victims for the negative effect an injury can have on their ability to be in a position to enjoy the activities that they used to enjoy. Loss of emotional distress or companionship is 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 constitute a large part of a personal injury settlement especially if the victim has suffered serious injuries. If the victim of an injury doesn't have prior coverage that is covered 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. The kind of medical-related injuries that can be claimed in a personal injury claim include any medical costs for the victim such as hospital visits, surgery or physical therapy, home care and medication. Victims of accidents can also claim future medical expenses that are likely to result from their injuries. These costs could include future surgeries, rehabilitation treatments or the need for long term medication. It is essential that accident victims remain current in their treatment and communicate with their physicians. This will show that the suffering and pain they experience has financial value. Being current with treatment options will aid in recovering quicker, which is important when proving the merits of their claim for pain and suffering. In some cases, the medical bills could be so large that they surpass the settlement amount of a plaintiff's overall. If this is the case an attorney who specializes in lien reduction can help negotiate the outstanding medical debt so that more money can be deposited into the accident victim's pocket. Non-economic damages can be just as important as monetary amount of an injured person's medical bills. These damages could include emotional distress and loss of enjoyment. These kinds of damages are difficult to quantify, but they can still be compensated for. It is important to consult with a seasoned injury lawyer when you are pursuing an injury claim in order to ensure that all your losses are taken into consideration. Pain and suffering A personal injury lawsuit covers the damages resulting from a victim's physical pain and mental anguish. Other damages, like the loss of enjoyment of living, may be covered. The concept of pain and suffering is one of the most subjective forms of damages, and is difficult to prove and quantify. However, it is an important element of a personal injury claim. In the majority of personal injury cases the plaintiff is able to claim both economic and non-economic compensatory damages. The former are based on tangible losses, such as medical expenses and lost wages. The latter category includes pain and suffering, loss in consortium in the form of inconvenience, out of pocket costs and other losses that are not monetary. Non-economic damages are also known as “pain & suffering” and are not able to be proven by receipts. They do not have a dollar amount attached. Therefore, it is up to the jury to determine what is a fair amount. A judge is often reluctant to modify the jury's decision on pain and suffering. There are several methods that jurors or judges could utilize to determine the amount of a victim's pain and suffering. One of them is the multiplier method, which involves multiplying actual damages by a number that depends on the severity of the victim's injuries. The per diem method assigns a dollar amount to each day of the victim's recovery until they reach maximum medical recovery. It is important to provide as much documentation as you can, whether you use the multiplier method or the per diem method. Included in this are medical records, photographs and witness testimony. Additionally, you should keep a diary detailing your injuries and how they have impacted your life. This can help you recall the details of your case when you need to testify in depositions and hearings. If Bend injury lawsuit to reach an agreement with the insurance company, it might be necessary for you to go to court to solve your case. You can employ an attorney in New York to handle your case. An experienced lawyer can help you maximize your amount of compensation for pain and suffering. Loss of wages The compensation injured victims receive for their personal injury claim may include a large amount of lost wages. This is the amount they would have earned had they not been forced to work a second shift due to their injuries. Often, these losses are temporary and can be recouped. In some cases however, they may be permanent and irreparable. The majority of people determine their lost earnings by multiplying their pay rate by the number weeks or days they were off work. For example, let's say you typically earn $25 per hour ($1,000 per week), and you were injured in a car accident that kept you out of work for four weeks. In this scenario you'd lose $4,000. The complexities of personal injury claims may increase, based on the severity and nature of your injury. If you are permanently disabled and unable return to work, you may be entitled to compensation, including your future loss of earnings as well as your promotion potential. In these situations, proving your lost earning potential is as easy as presenting evidence that you were able to take jobs in the past with a salary you could have earned. You may also have to provide additional documents to prove that you lost wages. This might include a wage verification letter from your employer, tax records profits and loss statements, receipts or invoices and business bank accounts or any correspondence related to finance. When calculating your lost wages bonuses and commissions can be considered too. In some cases the insurance company of the other driver may pay your lost wages as a no-fault lawsuit. If this is the situation, you shouldn't have to file a personal injury lawsuit in addition to your no-fault claim. Get in touch with a seasoned personal injury lawyer if you have been injured by a car accident or other injuries in New York. This will help you escape the pressure of the legal system and ensure that you receive compensation for medical expenses and lost income, as well as suffering and other losses.