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What Is a Personal Injury Claim? Personal injury claims are filed by those who have suffered emotional or physical harm due to the negligence of someone else. The victim can receive compensation for various damages, such as medical bills, pain and suffering, and lost wages. Other expenses could include travel to appointments, home modifications and care costs for permanent impairments. Some victims may also be entitled to special damages for mental distress. Damages Personal injury claims seek to recover compensation for the losses that the victim has suffered due to the negligence of an individual or another. Victims may be compensated for both economic and non-economic losses. The amount of compensation is contingent on the severity and nature of injuries sustained. Compensation may cover medical expenses as well as lost earnings, emotional distress and pain and suffering. Punitive damages can be claimed in the case of extreme negligence. In a personal injury lawsuit the compensation is divided into two categories – special damages and general damages. Special damages are the result of incurred costs and financial losses, and are generally quantifiable. Keep meticulous records of any expenses or losses in order to maximize the amount that can be repaid through special damages. Future damages are more difficult to quantify, as they depend on the severity of the injuries sustained by a victim and the long-term effects they are expected to have. Our attorneys can work with medical experts to establish the estimated cost of ongoing treatment, additional costs for transport to and from appointments, and any modifications or equipment requirements that result from permanent disabilities. General damages are often more subjective, and include compensation for the victim's pain and suffering related to an accident. This includes compensation for pain and discomfort in the past, as well as future suffering and pain based on severity of injury. It is essential to have an experienced attorney representing you as they will be able to accurately assess the amount of your claim for pain and suffering depending on the specific facts of your case. Other general damages include emotional distress loss of companionship, emotional distress and loss of enjoyment. Loss of enjoyment damages compensate victims for the negative impact an injury can have on their ability to be capable of enjoying the activities they used to enjoy. Loss of emotional distress and companionship can be more difficult to quantify, however our lawyers have a wealth of experience assisting victims in establishing the proper compensation for these kinds of damages. Medical bills Medical expenses can be the largest portion of the personal injury claim, especially when an accident has left the victim with serious injuries. Unless the injury victim had preexisting coverage that was paid through an insurance policy for cars or health insurance policy, they are responsible for paying back the amount of the medical expenses incurred from the settlement for personal injury. The type of medical-related damages that can be claimed in a personal injury lawsuit include any medical costs incurred by the accident victim which includes hospital visits, surgeries and physical therapy, home care and medication. In addition an accident victim may also claim reimbursement for future medical expenses anticipated from their injuries. These expenses could include surgery, rehabilitation treatments or the requirement for long term medication. It is essential that victims of accidents stay up-to-date in their treatment and communicate with their medical professionals. This will allow them to prove that their pain and suffering is financially worth. Being current with treatment options will aid in recovering sooner, which can be crucial when proving the value for their claim for pain and suffering. In some cases, medical bills can be so expensive that they surpass the total settlement of a plaintiff. If this is the case the lien reduction lawyer can assist in negotiating the medical debt to ensure that more money is put into the pocket of the victim of the accident. Non-economic damages can be equally important as the monetary amount of an injured person's medical bills. These damages can be emotional distress and loss of enjoyment of living. These damages are difficult to quantify, but they could be compensated. If you are pursuing a claim for personal injury, it's important to work closely with an injury lawyer to ensure all of your losses are taken into consideration. Suffering and pain Personal injury claims are a way to recover damages for physical pain and mental suffering. It may also cover other damages, such as loss of enjoyment of life. Pain and suffering is one of the more subjective types of damages which can be difficult to quantify and prove. It's a crucial element of a personal injury claim. In the majority of personal injury cases, the plaintiff is able to recover economic and noneconomic compensatory damages. The former 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 costs and other losses that are not monetary. Damages for mental and physical anguish are referred to as non-economic damages and are often referred to as “pain and suffering.” They cannot be established by receipts and don't have a fixed dollar amount that is attached to them. Therefore, it's left to the jury to determine what a fair award would be. A judge will often be reluctant to modify 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 actual damages by a specific amount based on the severity of the injuries. Another option is the per diem method which assigns a daily dollar value to each day until the patient reaches the maximum medical recovery. It is essential to provide as much documentation as possible, whether you use the multiplier method or the per-diem method. Included in this are medical records, photographs and witness testimony. You should also keep a journal that details your injuries and the effect they have affected your life. This will help you remember the details of your case when you need to testify in depositions and hearings. If you cannot reach an agreement with your insurance company, you could have to go to court to resolve your case. You can engage an attorney in New York to handle your case. A seasoned lawyer can handle your claim and maximize the amount you get for your pain and suffering. Lost wages The amount of compensation that victims receive for their personal injury claims can include a significant amount of lost wages. YouTube is the wage they would have received had they not had to miss their job because of their injuries. Often, these losses are temporary and recoverable. In certain instances however, they could be irreparable and last forever. Most people can calculate their lost wages by multiplying their salary by the number of weeks or days that they were off work. Let's suppose that you earn $25 an hour ($1,000 per week) and were injured in a car accident. You missed four weeks of work. In this scenario, you would lose $4,000. Personal injury cases can become more complicated depending on the severity and nature of the injury. For instance, if you are permanently disabled in the accident and are unable to return to work, you might be eligible for damages that include your future loss of income and potential for promotion. In these situations, proving your lost earning potential is as simple as proving that you were able to accept positions in the past for a salary you could have earned. You may also have to provide other documents to prove that you lost wages. This could include a verification letter for wages from your employer tax records, tax records, profit and loss statements, receipts or invoices as well as business bank accounts or finance-related correspondence. When calculating your lost wage bonuses and commissions can be considered too. In some instances it is possible that the insurance company might cover your wages lost as a part of your no fault claim or settlement agreement. If this is the situation it's not necessary to file a personal injury lawsuit on top of your no-fault lawsuit. Get in touch with a seasoned personal injury attorney if you have been injured by a car 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 and lost income, as well as pain and suffering, and other losses.